What if the patent license is not filed?

The unregistered patent licensing contract is still valid, but the parties concerned shall go to China National Intellectual Property Administration or the local intellectual property office for filing within 3 months from the date when the contract comes into effect. For the patent licensing contract that has passed the filing examination, China National Intellectual Property Administration or the local intellectual property office will issue a notice of filing qualification, filing number and filing date, and send the notice to the parties.

legal ground

Article 5 of the Measures for the Administration of Filing Patent Licensing Contracts

The parties concerned shall go through the filing formalities within 3 months from the effective date of the patent licensing contract.

Article 12

If the filing application passes the examination, China National Intellectual Property Administration shall issue a patent licensing contract filing certificate to the parties concerned.

Article 15 of the Detailed Rules for the Implementation of the Patent Law

To apply for a patent in writing, the applicant shall submit the application documents in duplicate to the patent administration department of the State Council. To apply for a patent in other forms prescribed by the administrative department for patent in the State Council, the prescribed conditions shall be met. Where the applicant entrusts a patent agency to apply for a patent and handle other patent affairs with the patent administration department of the State Council, it shall also submit a power of attorney, indicating the authorization authority. If there are more than two applicants who have not entrusted a patent agency, unless otherwise stipulated in the request, the first applicant specified in the request shall be the representative.