Patent Implementation License Contract Recording
1. Overview
Recording Project Name: Patent Implementation License Contract Recording
Recording Project Basis: " Measures for the Administration of Registration of Patent Implementation Licensing Contracts" (State Intellectual Property Office Order No. 18)
Recording fee: Free
Total filing time limit: 7 working days
< p>2. Service itemsPatent implementation license contract filing and patent implementation licensing contract filing changes.
3. Qualifications of applicants
Parties who sign a patent implementation license contract or a patent application technology implementation license contract.
4. Filing Process
1. Fill in the Patent Implementation License Contract Registration Application Form or the Patent Implementation License Contract Registration Change Application Form online.
2. Submit the electronic version of the patent implementation license contract or patent application technology implementation license contract online or send a paper copy of the contract to the Beijing Intellectual Property Office.
3. After accepting the filing application, the Beijing Intellectual Property Office shall promptly submit the filing application form to the State Intellectual Property Office in the prescribed form to confirm the legal status of the patent right and patent application right.
4. The Beijing Intellectual Property Office will record patent contracts that meet the requirements and issue a certificate of approval for the record. The parties concerned shall submit a patent license contract filing application form or a patent license contract filing change application form (with signature and seal) and a copy of the contract (except those already submitted) to the Beijing Intellectual Property Office to receive the filing certificate.
5. If the application does not meet the requirements, the Beijing Intellectual Property Office will issue a notice of disapproval to the party concerned.
V. Filing Requirements
1. The parties shall enter into a patent licensing contract in writing
Have the qualifications to comply with the Contract Law of the People's Republic of China and the People's Republic of China 》When a patent license contract is concluded and signed into effect, the parties concerned shall complete the filing procedures within 3 months from the date when the patent license contract takes effect. It is recommended to use the patent license contract text prepared by the State Intellectual Property Office. If other contract texts are used, they should comply with relevant legal provisions (the text can be downloaded from the State Intellectual Property Office website or this website).
2. The following materials are required to be submitted when applying for registration:
I. Registration application form;
II. Copy of contract;
III .Copy of the patent certificate or patent application acceptance notice;
IV. Proof of identity of the assignor;
V. Other documents.
3. If upon review the contract falls into one of the following circumstances, it will not be recorded:
I. The patent right is terminated, declared invalid, and the patent application is rejected, withdrawn or deemed withdrawn ;
II. Without the consent of the same patentee or applicant, one of the parties enters into a patent contract with others without authorization;
III. Repeated filing applications for the same patent contract ;
IV. The term of the patent contract exceeds the validity period of the patent right;
V. Other violations of legal provisions.
6. Patent implementation license contract filing fee standards
Free of charge.