Article 1 These Measures are formulated in accordance with the Patent Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and relevant laws and regulations in order to effectively protect patent rights, standardize patent licensing and promote the use of patent rights.
Article 2 China National Intellectual Property Administration is responsible for filing the national patent licensing contract.
Article 3 The licensor of a patent exploitation license shall be a legitimate patentee or other obligee.
Where a patent licensing contract is concluded with the patent right owned by ×××, the consent of other owners of ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Article 4 A patent licensing contract for filing shall be concluded in writing.
To conclude a patent licensing contract, you can use the model contract formulated by China National Intellectual Property Administration; Where other contract texts are adopted, they shall comply with the provisions of the Contract Law of People's Republic of China (PRC).
Article 5 The parties concerned shall go through the filing formalities within 3 months from the date when the patent licensing contract comes into effect.
Article 6 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 filing procedures.
Units or individuals within the territory of China may entrust a legally established patent agency to handle the relevant filing procedures.
Article 7 The parties concerned may go through the formalities for filing the patent licensing contract by mail, direct delivery or other means stipulated by China National Intellectual Property Administration.
Article 8 To apply for filing a patent licensing contract, the following documents shall be submitted:
(1) An application form for filing a patent licensing contract signed or sealed by the licensor or the patent agency entrusted by it;
(2) Patent licensing contracts;
(3) Identification certificates of both parties;
(4) If a patent agency is entrusted, the power of attorney of the authorizing organ shall be indicated;
(5) Other materials that need to be provided.
Article 9 The patent licensing contract submitted by the parties shall include the following contents:
(1) The name and address of the party concerned;
(2) The number of patent rights and the name, patent number, application date and authorization announcement date of each patent right;
(3) The type and duration of the implementation license.
Article 10 Except for the identity certificate, all other documents submitted by the parties shall be in Chinese. If the identity certificate is in a foreign language, the parties concerned shall attach a Chinese translation; Not attached, as not submitted.
Eleventh China National Intellectual Property Administration shall, within 7 working days from the date of receiving the application for filing, make a review and decide whether to file.
Article 12 If the filing application is approved after examination, China National Intellectual Property Administration shall issue a patent licensing contract filing certificate to the parties concerned.
If the filing application is under any of the following circumstances, it shall not be filed, and a notice of not filing the patent licensing contract shall be issued to the parties:
(a) the patent right has been terminated or declared invalid;
(2) The licensor is not the patentee registered in the patent register or any other obligee who has the right to grant a license;
(3) The patent licensing contract does not conform to the provisions of Article 9 of these Measures;
(four) the license period exceeds the validity period of the patent right;
(5) The patentee has entered into a patent licensing contract in violation of legal provisions or agreements;
(6) The patent right is in the late payment period of the annual fee;
(seven) due to disputes over the ownership of the patent right or the people's court ruling to take preservation measures for the patent right, the relevant procedures for the patent right are suspended;
(8) Repeated application for filing of the same patent licensing contract;
(nine) the patent right is pledged, except with the consent of the pledgee;
(10) Conflicting with the registered patent licensing contract;
(eleven) other circumstances that should not be filed.
Article 13 After the filing of the patent licensing contract, if China National Intellectual Property Administration finds that the filing application has the circumstances listed in the second paragraph of Article 12 of these Measures and has not been eliminated, it shall cancel the filing of the patent licensing contract and issue a Notice of Cancellation of the Filing of the Patent Licensing Contract to the parties concerned.
Article 14 The relevant contents of the registered patent licensing contract shall be registered in the patent register by China National Intellectual Property Administration, and the following contents shall be announced in the patent bulletin: licensor, licensee, main classification number, patent number, application date, authorization announcement date, license type and duration, and application date.
If the patent licensing contract is changed, dissolved or revoked after filing, China National Intellectual Property Administration shall make corresponding registration and announcement.
Fifteenth China National Intellectual Property Administration to establish a patent licensing contract filing database. The public can inquire about the legal status of filing patent licensing contracts.
Article 16 Where a party extends the term of the implementation license, it shall, within two months before the expiration of the original term of the implementation license, go to China National Intellectual Property Administration to handle the formalities of filing and changing with the change agreement, filing certificate and other relevant documents.
Changes in other contents of the patent licensing contract shall be handled with reference to the provisions of the preceding paragraph.
Article 17 Where the term of exploitation license expires or the patent exploitation license contract is terminated in advance, the parties concerned shall, within 30 days after the term expires or the termination agreement is concluded, go to China National Intellectual Property Administration for filing and cancellation with the relevant documents such as the filing certificate and termination agreement.
Article 18 If the patent right involved in a registered patent licensing contract is declared invalid or terminated in advance, the parties concerned shall go through the formalities of filing and cancellation in time.
Article 19 The type, duration, calculation method or amount of the license fee for a registered patent licensing contract can be used as a reference for the administrative department for patent affairs to mediate the amount of infringement compensation.
Article 20 Where a party applies for filing a patent application for a licensing contract, these Measures shall apply mutatis mutandis.
When the application is filed, if the patent application is rejected, withdrawn or deemed withdrawn, it shall not be filed.
Article 21 Where a party applies for a patent application license contract for the record, after the patent application is approved to grant a patent right, the party concerned shall promptly change the name and relevant terms of the patent application license contract; If the patent application is rejected, withdrawn or deemed withdrawn, the parties concerned shall go through the formalities of filing and cancellation in time.
Article 22 These Measures shall come into force on August 20 1 year 1 day. 200 1 65438+2 17 The Measures for the Administration of Filing Patent License Contracts issued by China National Intellectual Property Administration DecreeNo. 18 shall be abolished at the same time.
The template can be downloaded from the official website of China National Intellectual Property Administration.