Can a foreign patent license contract be filed
1. Whether foreign patent licensing contracts can be filed
If a patent licensing contract includes both Chinese patents and foreign patents, the contract can be filed, but the filing department will only issue filing certificates and announcements for the Chinese patents.
2. Whether it is necessary to entrust a patent agency to handle the contract Filing
1). Licensor and licensee Domestic individuals, enterprises or organizations can entrust either a patent agent from a patent agency or another individual with full capacity for civil conduct to handle contract filing.
2). Among the licensor and the licensee If foreigners, foreign legal persons or other foreign organizations are involved, a patent agent from a patent agency must be entrusted to handle the contract filing.
6. Unauthorized patent application implementation license contract can Whether to file for record
Yes.
7. Documents required for filing The parties need to submit the following documents when filing:
(1) License contract filing application form (standard form), the contents of the application form should be printed (except signatures and seals).
(2) Original patent license contract.
(3) Legal identity certificates of the licensor and the licensee.
a. Individuals must submit a copy of their ID card, and foreigners can submit a copy of their passport.
b. Legal persons shall submit a copy of the business license with the official seal (enterprise) or legal person certificate of the public institution (enterprise), and a copy of the organization code certificate with the official seal.
c. Foreign units should submit the local legal person registration certificate with a Chinese translation. If the certificate is a copy, it should be notarized and authenticated. Notarization means that the notarized copy is consistent with the original by the foreign notary office; authentication means that the Chinese embassy in the foreign country recognizes the authenticity of the signature and seal of the notarized document.
d. Original power of attorney, of the entrustee a copy of ID card.
The power of attorney shall be signed by the licensor and the licensee and jointly signed by the entrusted party. The power of attorney shall state the entrustment authority, entrustment matters, patent (application) number, name of the invention and creation, and the names of the client and the client. The power of attorney has no fixed format and must be signed by the parties themselves.
(4) Proof of validity of patent (application) rights .
a. If the registered patent has been authorized, the registration is required Submit a copy of the patent certificate or patent register.
b. If the filing patent application is not authorized, filing A copy of the acceptance notice is required.
(5) Other materials that need to be provided.
WithIf the above document is in a foreign language, a Chinese translation should be attached, and the Chinese translation shall prevail.
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