What are the filing procedures for intellectual property patent licensing contracts?
Filing process 1. Fill in the Application Form for Filing the Patent License Contract or the Application Form for Filing and Changing the Patent License Contract online. 2. Submit the electronic version of Patent License Contract or Patent Application Technology License Contract online or send a copy of the contract to Beijing Intellectual Property Office. 3. After accepting the filing application, the Beijing Intellectual Property Office shall submit the filing application form to China National Intellectual Property Administration in a timely manner in accordance with the prescribed form to confirm the legal status of the patent right and the patent application right. 4. The Beijing Intellectual Property Office records the patent contracts that meet the requirements, and issues a record approval. The parties concerned shall submit an Application Form for Filing a Patent Licensing Contract or an Application Form for Filing a Change in a Patent Licensing Contract (signed and sealed) and a copy of the contract (except those submitted) to the Beijing Intellectual Property Office, and obtain the filing certificate. 5. If the Beijing Intellectual Property Office does not meet the requirements, it will issue a notice not to file a case to the parties. Filing requirements 1. The parties concerned shall conclude a patent licensing contract in written form based on the patent licensing contract concluded in accordance with the Contract Law of People's Republic of China (PRC), and go through the filing formalities within 3 months from the effective date of the patent licensing contract. It is suggested to use the text of patent licensing contract compiled by China National Intellectual Property Administration. If other contract texts are used, they shall comply with relevant laws and regulations (the texts can be downloaded from China National Intellectual Property Administration website or this website). 2. The following materials are required to apply for filing: 1. An application form for filing; Two. A copy of the contract; Three. A copy of the patent certificate or the notification of acceptance of the patent application; Four. Identification of the transferor; V. Other documents. 3. After examination, the case shall not be filed in any of the following circumstances: 1. The patent right is terminated or declared invalid, and the patent application is rejected, withdrawn or deemed withdrawn; Two. Concluding a patent contract with others without the consent of the patentee or the applicant; Three. The same patent contract is repeatedly filed; Four. The term of the patent contract exceeds the term of validity of the patent right; Five, the other does not meet the requirements of the law.