Patent licensing contract is essentially a civil contract. As long as it meets the statutory requirements and there is no invalid situation, it is legal and effective. The failure to file a patent licensing contract does not affect the effectiveness of the contract. Legal basis: Article 14 of the Detailed Rules for the Implementation of the Patent Law: The patent licensing contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect. The failure to file a patent licensing contract does not affect the effectiveness of the contract. Article 48 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances, and upon the application of a unit or individual who has the conditions for implementation, the patent administration department of the State Council may grant a compulsory license to exploit the invention patent or utility model patent: (1) The patentee has not exploited or fully exploited his patent for three years from the date of granting the patent right, and for four years from the date of patent application, without justifiable reasons; (2) The patentee's act of exercising the patent right is recognized as a monopolistic act according to law, so as to eliminate or reduce the adverse effects of the act on competition. Article 49 In case of national emergency or special circumstances, or for the purpose of public interest, the patent administration department in the State Council may grant a compulsory license to exploit a patent for invention or utility model. , 1, Patent License Contract Filing Application Form (the format uniformly formulated by China National Intellectual Property Administration). 2. Original patent licensing contract (the model contract formulated by China National Intellectual Property Administration may be used for the contract, and other contract texts shall comply with the provisions of the Civil Code, and the contract shall be stamped with a sewing seal). 3. Legal identification of licensor and licensee; (1) Copies of ID cards submitted by individuals (if any party from abroad, Hong Kong, Macao and Taiwan is involved, this institution cannot accept them); (2) The legal person shall submit a copy of the business license (enterprise) stamped with the official seal or a copy of the legal person certificate (institution) and organization code certificate stamped with the official seal; Overseas units shall submit the local legal person registration certificate and Chinese translation. If the certificate is a copy, it shall be notarized and authenticated. 4. Power of Attorney (original). The power of attorney shall be signed by the promisee, the promisee and the principal. The power of attorney shall specify the authorization authority, the entrusted matters, the names of the principal and the principal, the patent (application) number, the name of the invention-creation, the date of application and the date of authorization announcement. (Reference style: attachment 1), 5. The identity certificate of the client. Submit a copy of your ID card and check the original. 6. Other materials that need to be provided. Copy of patent certificate; Explanation of extension (filing formalities shall be handled within 3 months from the effective date of the patent licensing contract, and extension explanation shall be given if the time limit is exceeded). After reading the above, I believe everyone should have some understanding of this related issue. Patent licensing contract is essentially a civil contract. As long as the legal conditions are met and there is no invalid situation, it is legal and effective.
Legal objectivity:
Measures for filing patent licensing contracts
Article 4
A patent licensing contract for the record shall be concluded in writing.
Measures for filing patent licensing contracts
Article 5
The parties concerned shall go through the filing formalities within 3 months from the effective date of the patent licensing contract.
Measures for filing patent licensing contracts
Article 7
The parties concerned may go through the relevant formalities for filing the patent licensing contract by mail, direct delivery or other means stipulated by China National Intellectual Property Administration.