Article 2 China National Intellectual Property Administration is responsible for the registration of patent pledge.
Article 3 Where a patent right is pledged, the pledger and the pledgee shall conclude a written pledge contract.
The pledge contract can be a separate contract or a guarantee clause in the main contract.
Article 4 Where the patent right owned by * * * is pledged, the consent of other * * * owners shall be obtained, except that all * * * owners agree.
Article 5 Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China shall entrust a legally established patent agency to handle the registration of patent pledge.
Units or individuals within the territory of China may entrust a legally established patent agency to handle the registration of patent pledge.
Article 6 The parties concerned may go through the relevant formalities of patent pledge registration by mail or direct delivery.
Article 7 To apply for registration of patent pledge, the parties concerned shall submit the following documents to China National Intellectual Property Administration:
(1) Application Form for Registration of Patent Pledge signed or sealed by the pledger and pledgee;
(2) Patent pledge contract;
(3) Identification certificates of both parties;
(4) If an agent is entrusted, a power of attorney shall be submitted.
(5) Other materials that need to be provided.
If the patent right has been evaluated, the parties concerned shall also submit an asset evaluation report.
All documents submitted by the parties shall be in Chinese except the identity certificate. If the identity certificate is in a foreign language, the parties concerned shall attach a Chinese translation; Not attached, as not submitted.
For the documents specified in the first and second paragraphs of this article, the parties may submit electronic scanned copies.
Article 8 China National Intellectual Property Administration shall notify the applicant after receiving the application documents for pledge registration submitted by the parties concerned.
Article 9 The patent pledge contract submitted by the parties shall include the following contents related to pledge registration:
(1) The name and address of the party concerned;
(2) The type and amount of secured creditor's rights;
(3) The time limit for the debtor to perform the debt;
(4) The number of patent rights and the name, patent number, application date and authorization announcement date of each patent right;
(5) The scope of pledge guarantee.
Article 10 In addition to the matters specified in Article 9 of these Measures, the parties may agree on the following matters in the patent pledge contract:
(1) Pay the annual patent fee during the pledge period;
(two) the transfer of the patent right and the implementation license during the pledge period;
(3) Handling when the patent right is declared invalid or the ownership of the patent right changes during the pledge period;
(4) Delivery of relevant technical data when the pledge is realized.
Eleventh China National Intellectual Property Administration shall, within 7 working days from the date of receiving the application documents, examine and decide whether to apply for the registration of patent pledge.
Twelfth patent pledge registration application after examination, China National Intellectual Property Administration registration in the patent register, and send the "patent pledge registration notice" to the parties. The pledge was established when it was registered in China National Intellectual Property Administration.
Upon examination, it is found that in any of the following circumstances, China National Intellectual Property Administration made a decision not to register, and issued a Notice of Patent Pledge Not to Register to the parties:
(1) The pledgor is inconsistent with the patentee recorded in the patent register;
(2) The patent right is terminated or declared invalid;
(3) The patent application has not been granted a patent right;
(4) The patent right is in the late payment period of the annual fee;
(5) The patent right is declared invalid;
(6) The patent pledge procedure is suspended due to the dispute over the ownership of the patent right or the people's court ruling to take preservation measures for the patent right;
(seven) the time limit for the debtor to perform the debt exceeds the validity period of the patent right;
(eight) when the pledgee fails to pay off the debt at the expiration of the pledge contract, the patent right belongs to the pledgee;
(nine) the pledge contract does not conform to the provisions of article ninth of these measures;
(10) Pledge with * * * patent right, but without the consent of * * * owner;
(eleven) the patent right has applied for pledge registration and is in the pledge period;
(twelve) other circumstances that should not be registered.
Article 13 During the period of patent pledge, if China National Intellectual Property Administration finds that the pledge registration exists in the circumstances listed in the second paragraph of Article 12 of these Measures and has not been eliminated, or finds other circumstances that should cancel the patent pledge registration, it shall cancel the patent pledge registration and issue a Notice of Cancellation of Patent Pledge Registration to the parties.
If the patent pledge registration is revoked, the effectiveness of the pledge registration is invalid from the beginning.
Article 14 China National Intellectual Property Administration announces the following contents of patent pledge registration in the patent gazette: pledger, pledgee, main classification number, patent number, authorization announcement date, pledge registration date, etc.
If the pledge of patent right is changed or cancelled after registration, China National Intellectual Property Administration shall register and announce it.
Article 15 During the period of patent pledge, if the pledgor fails to submit the certification materials that the pledgee agrees to give up the patent right, China National Intellectual Property Administration will not go through the formalities for giving up the patent right.
Article 16 During the period of patent pledge, if the pledger fails to submit the certification materials that the pledgee agrees to transfer or license the exploitation of the patent right, China National Intellectual Property Administration will not go through the registration procedures for the transfer of the patent right or the filing procedures for the patent exploitation contract.
Where the pledgor transfers or permits others to implement the pledged patent right, the transfer fee and license fee obtained by the pledgor shall be paid off in advance or deposited with the pledgee.
Article 17 During the period of patent pledge, if the name and address of the party concerned, the type and amount of the principal creditor's rights guaranteed or the scope of pledge guarantee change, the party concerned shall, within 30 days from the date of change, go to China National Intellectual Property Administration to go through the formalities for registration change of patent pledge with the change agreement, the original Notice on Registration of Patent Pledge and other relevant documents.
Eighteenth in any of the following circumstances, the parties shall hold the "patent pledge registration notice" and related documents, to China National Intellectual Property Administration for the cancellation of pledge registration:
(1) The debtor performs the debt on schedule or the pledgor pays off the guaranteed debt in advance;
(2) The pledge right has been realized;
(3) The pledgee waives the pledge.
(4) The pledge contract is invalid or revoked because the main contract is invalid or revoked;
(five) other circumstances in which the pledge is extinguished according to law.
After receiving the application for cancellation of registration, China National Intellectual Property Administration issued the Notice of Cancellation of Patent Pledge Registration to the parties after examination. The validity of patent pledge registration shall be terminated from the date of cancellation.
Article 19 If the patent right is declared invalid or terminated during the pledge period, China National Intellectual Property Administration shall notify the pledgee.
Article 20 If the patentee fails to pay the annual fee of the pledged patent right in accordance with the regulations, China National Intellectual Property Administration shall notify the pledgee at the same time as sending the notice of payment to the patentee.
Twenty-first approach by China National Intellectual Property Administration is responsible for the interpretation of.
Article 22 These Measures shall come into force as of 20 10+ 10. 1September 1996 19 The Interim Measures for the Administration of Registration of Patent Pledge Contracts issued by Decree No.8 of the Government of People's Republic of China (PRC) shall be abolished at the same time.