How long does it take to process intellectual property authorization?

According to the "Implementing Rules of the Patent Law of the People's Republic of China", how long it takes to process intellectual property authorization depends on the type of intellectual property and depends on the specific type. Regarding the issue of the time for intellectual property authorization, the editor of Legal Savior Network will answer the relevant content for you below.

1. How long does it take to process intellectual property authorization?

1. Processing How long it takes to license intellectual property depends on the type of intellectual property.

2. For example, if you license others to use patent rights, you must file a record with the Patent Administration Department of the State Council within 3 months from the date of effective date of the contract.

3. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"

Tenth Article 4 In addition to the transfer of patent rights in accordance with Article 10 of the Patent Law, if the patent rights are transferred for other reasons, the parties concerned shall go through the patent right transfer procedures with the patent administration department of the State Council on the basis of relevant certification documents or legal documents.

A patent license contract concluded between a patentee and another person shall be filed with the patent administration department of the State Council within 3 months from the date of effective date of the contract.

If the patent right is pledged, the pledger and the pledgee shall jointly handle the registration of the pledge with the Patent Administration Department of the State Council.

2. What to do if one party violates the patent license contract

In practice, if one party to a patent license contract violates the agreement and harms the interests of the other party, the solution is mainly to follow the following steps:

1. When a dispute arises during the performance of a patent licensing contract, the parties may first choose to resolve the dispute through negotiation, or they may request the patent management authority for mediation.

If the situation is not very serious and you still want to continue to perform the contract, it is usually better to negotiate with the other party first. This can also save time and energy and avoid harming the harmony. .

2. If both of you are unwilling to negotiate or mediate, or if negotiation or mediation fails, and both parties have previously agreed on a contract, then the following solutions should be adopted:

(1) Any dispute arising out of this contract shall be submitted to the Arbitration Commission for arbitration;

(2) Either party may file a civil lawsuit based on the Law), file a lawsuit with the People's Court.

The use of arbitration or litigation is mainly based on the agreement between you. However, if you If there is no agreement on arbitration or litigation, you can also go to court directly to sue. There is no limit.

3. If it is difficult to sue It is recommended to entrust a patent lawyer to represent you to save time.

Usually, the patent licensing contract dispute is that the patent owner has exclusively licensed the patent to others. Later, because of his own interests, he licensed another person, thus causing a dispute. If this is the case, then the patent licensee can calculate the amount based on his actual losses or the profits that the patentee received when licensing. We will compensate you accordingly.

We can understand that according to regulations, how long it takes to process intellectual property authorization depends on the type of intellectual property. If you license others to use the patent rights, you should file it within 3 months from the effective date of the contract. I hope you can understand. The above is the content compiled by the editor. If you still don’t understand anything, you can consult the relevant lawyers on the Legal Savior Network.