According to the laws of our country, if the patent right is pledged, the pledger and the pledgee shall conclude a written contract and go through the registration formalities of patent pledge with the China National Intellectual Property Administration Patent Office, and the patent pledge shall be established from the date of registration of patent pledge.
The pledge contract can be a separate contract or a guarantee clause in the main contract. Patent pledge contract generally includes the following contents:
(1) Name and address of the party concerned;
(2) The type and amount of secured creditor's rights;
(3) The time limit for the debtor to perform the debt;
(4) The number of patent rights and the name, patent number, application date and authorization announcement date of each patent right;
(5) The scope of pledge guarantee; Select the agreed items;
(6) Payment of annual patent fees during the pledge period;
(seven) the transfer and license of the patent right during the pledge period;
(eight) when the patent right is declared invalid or the ownership of the patent right changes during the pledge period;
(9) Delivery of relevant technical data when the pledge is realized.
Go through the registration formalities of patent pledge with the Patent Office.
The patent pledge shall be registered with the Patent Office, and the patent pledge shall be established from the date of registration.
To register the patent pledge with the patent office, the following materials are generally needed: an application form for the registration of the patent pledge contract; Master contract and patent pledge contract; The identity certificate of the pledgor; Valid certificate of patent right; Implementation and licensing of patent right before pledge.
China National Intellectual Property Administration shall, within 7 working days from the date of receiving the application documents, review and decide whether to apply for patent pledge registration; If there are defects in the pledge application documents submitted by the parties, the examination and approval period shall be calculated from the date when all the defects are corrected by the parties; Whether it is registered or not, the Patent Office will inform the parties of the examination results in the form of a notice.
A common situation of not registering.
Patent pledge is similar to trademark pledge. If the pledge is successful, the registration will naturally be rejected. The following are the common situations in which 10 is not registered:
1. The pledgor is inconsistent with the patentee recorded in the patent register;
2.* * * With the patent right as pledge, without the consent of * * *;
3. The patent right has been terminated or declared invalid;
4. The patent right is declared invalid;
5. Part of the patent right is invalid, which requires the pledgee's informed consent statement;
6. The patent right is in the late stage of annual fee payment;
7. The ownership of the patent right is disputed or the people's court decides to take preservation measures for the patent right or suspend the pledge procedure;
8. The time limit for the debtor to perform the debt exceeds the validity period of the patent right;
9. When the pledgee has not been paid off at the expiration of the debt performance period stipulated in the contract, the patent right belongs to the pledgee;
10, the same patent right is repeatedly pledged.
Exercise of patent right during pledge period
Without the consent of the pledgee, the pledgor shall not give up the patent right; Without the consent of the pledgee, the pledgor may not transfer or license the implementation of the patent right; If the license or transfer is approved by the pledgee, the license fee or transfer fee obtained by the pledgor shall be paid off or deposited with the pledgee in advance.
legal ground
Measures for the registration of patent pledge
Article 15 During the period of patent pledge, if the pledgor fails to submit the certification materials that the pledgee agrees to give up the patent right, China National Intellectual Property Administration will not go through the formalities for giving up the patent right.
Article 16 During the period of patent pledge, if the pledger fails to submit the certification materials that the pledgee agrees to transfer or license the exploitation of the patent right, China National Intellectual Property Administration will not go through the registration procedures for the transfer of the patent right or the filing procedures for the patent exploitation contract.