Does a patent license implementation contract have to be filed?

Legal analysis: No, according to the provisions of the Implementing Rules of my country’s Patent Law, patent licensing contracts are not mandatory to be filed, but if the parties file the contract, it may harm their own interests.

Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China" Article 14 In addition to the transfer of patent rights in accordance with Article 10 of the Patent Law, if the patent rights are transferred for other reasons, the parties concerned shall Patent rights transfer procedures should be handled with the patent administration department of the State Council on the basis of relevant certification documents or legal documents.

A patent license contract concluded between a patentee and another person shall be filed with the patent administration department of the State Council within 3 months from the date of effective date of the contract.

If the patent right is pledged, the pledger and the pledgee *** shall handle the registration of the pledge with the Patent Administration Department of the State Council at the same time.