Q: During the registration process of patent pledge, what will be the consequences if the debtor’s debt performance period exceeds the validity period of the patent right?
Answer: Juntong Legal Online Consulting will give you the answer
The procedures for changes, extensions and cancellations of registration of patent pledge contracts are as follows:
1. Change procedures< /p>
With the consent of both parties to the pledge, changes may be made to the pledgee, the type and amount of the guaranteed principal claim, or the scope of the pledge guarantee, etc.
If the above content is changed, the party concerned shall, within seven days from the date of making the change decision, submit the change agreement, the original "Patent Pledge Contract Registration Notice" and other relevant documents to the China Patent Office to handle the change. formalities.
2. Extension procedures
To apply to extend the pledge period, the party concerned shall present the extension agreement, the original "Patent Pledge Contract Registration Notice" and other relevant documents before the expiration of the original pledge period. Go through the extension procedures with the China Patent Office.
3. Cancellation procedures
According to the "Interim Measures for the Registration and Management of Patent Pledge Contracts", the circumstances under which it is necessary to go through the registration and cancellation procedures for a pledge contract with the Patent Office are as follows:
(1) Early termination of the pledge contract;
The parties shall register the pledge contract with the China Patent Office within seven days after signing the agreement to terminate the pledge contract with the termination agreement and the "Patent Rights Pledge Contract Registration Notice" Cancellation procedures.
(2) The patent right is lost due to invalidity, revocation or other reasons;
The party concerned shall present the certificate of loss of patent right and the original "Patent Right" within seven days from the date of receipt of the notice. "Notice of Registration of Rights Pledge Contract", and go through the registration and cancellation procedures of the pledge contract with the China Patent Office.
(3) The pledge contract is invalid due to the invalidity of the main contract;
(4) The pledge period has expired.
The parties shall go through the registration and cancellation procedures of the pledge contract with the China Patent Office with the proof of completion of the contract and the "Notice of Registration of Patent Pledge Contract". If the parties do not cancel the registration within 15 days after the expiration of the pledge period, the contract registration will be automatically canceled.
In the case of the above four situations, the China Patent Office will issue a "Notice of Cancellation of Registration of Patent Pledge Contract" to the parties after review. The patent pledge contract shall become invalid from the date of registration and cancellation.