Article 6 The transferee of a registered patent license contract has evidence that others are committing or about to commit acts that infringe upon its patent rights. If it is not stopped in time, it will If the legitimate rights and interests are irreparably damaged, an application may be made to the People's Court to order the respondent to stop infringement of patent rights before litigation.
The assignee of an exclusive patent license contract may apply to the People's Court separately in accordance with the law; the assignee of an exclusive patent license contract may not apply if the patentee does not case, an application can be made.
The assignee of a registered patent contract may also, in accordance with Article 57 of the Patent Law and the Henan Provincial Patent Protection Regulations, for ongoing or past patent infringements. According to the regulations, please request the provincial or municipal filing management department to handle it.
Article 7 The parties shall handle foreign exchange, customs intellectual property filing and other related procedures based on the patent contract filing certificate.
Article 8 The licensing nature, scope, time, amount of licensing fees, etc. of the registered patent contract can be determined by the People's Court and the patent management department. Reference when mediating or determining the amount of compensation in infringement disputes.
Article 9 The parties shall conclude a patent contract in writing.
Article 10: National intellectual property rights can be used when entering into a patent contractThe contract text produced under the supervision of the bureau; if other contract texts are used, they shall comply with relevant legal provisions. Article 11 Foreigners, foreign enterprises or other foreign organizations that do not have a regular residence or business office in China must entrust a patent agency designated by the State Intellectual Property Office to handle the registration of patent contracts in Henan Province. Chinese entities or individuals that wish to register patent contracts in Henan Province can entrust a patent agency to do so. Article 12 The parties shall fill in the patent contract filing application form and sign and seal it according to the terms of the contract. Article 13 When handling the filing of a patent contract, the following documents shall be submitted in duplicate: (1) filing application form; (2) copy of the contract; (3) copy of patent certificate or patent application acceptance notice; (4) transfer Proof of personal identity; (5) Other documents. Article 14 Various documents submitted by the parties shall be in Chinese and printed on one side of A4 paper. If the document submitted is in a foreign language, the party concerned shall attach a Chinese translation within the specified time limit; if it is not attached within the specified time limit, it will be deemed not to have been submitted. Article 15 The following circumstances will not be recorded: (1) The patent right is terminated, declared invalid, and the patent application is rejected, withdrawn or deemed to be withdrawn; (2) Without the consent of the joint patentee or applicant, one of the parties arbitrarily Entering into a patent contract with others; (3) Applying for registration repeatedly for the same patent contract; (4) The term of the patent contract exceeds the validity period of the patent right; (5) Other violations of legal provisions. Article 16 After accepting the filing application, each municipal filing department shall submit the filing documents listed in Article 13 of these Measures to the Provincial Intellectual Property Office within seven days. After receiving the filing application, the Provincial Intellectual Property Office should promptly submit the filing application form to the State Intellectual Property Office to confirm the legal status of the patent right and patent application right. Article 17 For patent contract filing applications that meet the requirements, the Provincial Intellectual Property Office will issue a filing approval certificate to the municipal filing department within 7 days of receiving the filing documents; if the application does not meet the requirements, a notification of disapproval of filing will be issued to the municipal filing department. Article 18 The Provincial Intellectual Property Office shall submit the filing opinions, application documents submitted by the parties, etc. to the State Intellectual Property Office within 3 days after completing the filing procedures. Article 19 The Henan Provincial Intellectual Property Office establishes a patent contract filing database, manages the filing data, and provides public inquiry. The relevant contents of the patent contract shall be registered in the Patent Registration Book by the State Intellectual Property Office, and the following contents shall be announced in the Patent Gazette: contract number, transferor, transferee, main classification number, patent number (patent application number), Patent application date, authorization announcement date, contract nature, filing date, contract performance period, contract changes, etc. Article 20 If the parties terminate the patent contract in advance, they shall go through the registration and cancellation procedures with the Provincial Intellectual Property Office within 10 days after entering into the termination agreement with the agreement, registration certificate and other relevant documents. If the early termination procedures are not completed on time, the original filing will continue to be valid until the expiration of the original patent contract performance period. Article 21 If the performance period of a patent contract is extended, the parties shall go through the registration change procedures with the Provincial Intellectual Property Office with the change agreement, filing certificate and other relevant documents 2 months before the expiration of the original contract performance period. Change other aspects of the patent contractIf necessary, please refer to the preceding paragraph.
