How to apply for a patent license?

1. As the assignor, the patentee, patent applicant or other obligee may license the assignee to exploit the patent within the agreed scope. In order to effectively protect the patent right and standardize the trading behavior, according to Article 15 of the Detailed Rules for the Implementation of the Patent Law and DecreeNo. 18 of the Director General of China National Intellectual Property Administration, the parties to the patent licensing contract shall go to China National Intellectual Property Administration or the local intellectual property office for filing within 3 months from the effective date of the contract. For the patent licensing contract that has passed the filing examination, China National Intellectual Property Administration or the local intellectual property office will give the filing notice, filing number and filing date, and send the notice to the parties.

2, patent licensing contract filing management department

China National Intellectual Property Administration is responsible for filing the national patent licensing contract;

Authorized by China National Intellectual Property Administration, the intellectual property offices of all provinces, autonomous regions, municipalities directly under the Central Government and Guangzhou, Wuhan, Shenyang, Xi and Shijiazhuang are responsible for the exclusive contract filing within their respective administrative areas.

3. Time limit for applying for patent exploitation license

In view of the timeliness and stability of the patent right, the parties concerned shall go through the filing formalities with the competent department for filing the patent licensing contract within 3 months after the patent contract takes effect.

4, the effectiveness of the patent licensing contract for the record

The filing certificate of patent licensing contract issued by China National Intellectual Property Administration is the certification document for handling foreign exchange, customs intellectual property filing and other related procedures;

The licensing nature, scope, time and amount of licensing fee of a registered patent licensing contract can be used as a reference for people's courts and departments in charge of patent work to mediate or determine the amount of compensation for infringement disputes.