(1) Registration procedure of patent pledge contract
The accepting department of the pledge contract registration application is the Patent Marketing Department of the Patent Office of China. The parties may register the pledge contract according to the following procedures:
① Sign a patent pledge contract.
(2) Submit the registration application form to the Chinese Patent Office, fill it in carefully, and sign and seal it.
The registration application form is uniformly printed by the China Patent Office.
③ Submit (by mail or in person) the following documents according to Article 6 of the Measures for the Administration of Registration of Patent Pledge Contracts: Application Form for Registration of Patent Pledge Contracts; Master contract and patent pledge contract; Legal identity certificate of the pledgor; Power of attorney and the identity certificate of the agent; Valid proof of patent right; The license for the implementation of the patent right before the pledge, and the approval documents of the superior competent department or the relevant competent department of the State Council; Other materials to be provided.
④ Pay the registration fee as required. The registration fee can be borne by both parties through consultation.
⑤ The parties have submitted complete application documents and the date of payment is the date of acceptance of the registration application, so the Patent Office starts the examination procedure to examine the registration application according to law.
⑥ If it is necessary to make corrections, the parties concerned shall make corrections according to the requirements of the notice of correction.
⑦ Whether the registration application is approved or not, the Chinese Patent Office will inform the parties of the examination results in the form of a notice.
(2) Go through the formalities for registration of change.
During the pledge period, the possible changes are as follows:
(1) Record project changes. Because the obligee's right to dispose of the right is restricted at this time, only with the consent of both the pledgor and the pledgee can the request for filing the project change be made. When a party requests to change the recorded items, in addition to the documents required for the normal change procedure, it shall also submit a written agreement on the change to the Chinese Patent Office, and the change procedure can only be continued after it is approved by the patent administration department. Otherwise, it won't change.
② Changes in the contents of the pledge contract. Where the pledgee, the secured principal creditor's rights and the scope of pledge guarantee are changed and the pledge period is extended, the parties concerned shall submit the written agreement of the parties, the original notice of registration of patent pledge contract and other relevant documents to the Patent Office, fill in the Application Form for Registration Change of Patent Pledge Contract and report it to the Patent Office for examination.