Statement of patent open license means that the patentee submits a patent open license statement to China National Intellectual Property Administration according to his own wishes, indicating the license intention and license conditions, and promises to give anyone a fair license. If the documents submitted are qualified, China National Intellectual Property Administration will accept them, and will review the above statement after the implementation of the newly revised Patent Law, and announce those that meet the requirements.
Application processing flow
It is applicable to the handling of the business of accepting the patent public license statement put forward by the patentee during the transition period from the implementation of the revised patent law to the implementation of the patent law.
1. During the transition period, the parties shall submit a patent opening license statement in paper form. The parties can submit documents and materials in person through the Guangzhou agency window. If the documents and materials of the patent open license statement are submitted by mail, the mailing information is as follows:
Address: No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing; Recipient's name: Patent Affairs Service Department of Preliminary Examination and Process Management Department of China National Intellectual Property Administration Patent Office (or Patent Office Preliminary Examination and Process Service Department); Postal code: 100088. Note: All parties concerned should indicate "Open License" on the mailing envelope.
2. If the parties submit the documents in person, the Guangzhou agency shall decide whether to accept them according to the Patent Law and the revised Interim Measures for Handling Relevant Examination Business after the Implementation of the Patent Law (China National Intellectual Property Administration Announcement No.423). To meet the acceptance conditions, receive the documents and issue a receipt to the patentee or its entrusted patent agency; For those who do not meet the acceptance conditions, return the documents in person and inform the defects.