How to file a patent license contract
Materials that should be submitted for filing a patent implementation license contract:
1. "Patent Implementation License Contract Registration Application Form" (National A form uniformly formulated by the Intellectual Property Office).
2. Original patent license contract (the contract can If the contract template uniformly formulated by the State Intellectual Property Office is used, or other contract texts are used, they shall comply with the provisions of the Contract Law of the People's Republic of China, and the contract shall be affixed with a seal).
3. Legality between the licensor and the licensee Proof of identity: . Individuals must submit a copy of their ID card (any party involved is from abroad, Hong Kong, Macao and Taiwan) , the agency cannot accept);
Legal persons submit additional documentsCopy of business license with official seal (enterprise) or legal person certificate of public institution (institution), copy of organization code certificate with official seal;
Foreign entities should submit the local legal person registration certificate with a Chinese translation. If the certificate is a copy, it must be notarized and authenticated.
4. Letter of authorization (original). The power of attorney shall be jointly signed by the licensor, the licensee and the entrusted party. The power of attorney shall state the entrustment authority, entrustment matters, the names of the entruster and the entrustee, the patent (application) number, the name of the invention, the date of application, and the date of authorization announcement.
5. Proof of identity of the entrusted person. Submit a copy of your ID card and verify the original.
6. Other materials that need to be provided.
Copy of patent certificate; extension instructions (patent implementation The filing procedures must be completed within 3 months from the effective date of the licensing contract. If this period is exceeded, an extension explanation is required), etc.
Patent Implementation License Contract How to proceed with the filing:
1. Acceptance. Accept requests and materials for patent license contract filing (change, cancellation);
2. Review. Conduct condition review and formal review on applications for filing (change, cancellation) of patent license contracts;
3. Information collection. For applications that meet the acceptance conditions, the filing information will be collected through the "Patent Implementation License Contract Filing and Approval System";
4. Approval and issue notification;
If the filing application passes the review, the State Intellectual Property Office will confirm the filing, give a filing number, and issue a "Patent Implementation License Contract Filing Certificate" to the parties.
After the patent implementation license contract is filed, the national intellectual property rights The Bureau found that the filing application contained the circumstances listed in Paragraph 2 of Article 12 of the "Measures for the Recording of Patent Implementation Licensing Contracts" and the circumstances have not yet been resolved
If it is removed, the filing of the patent exploitation license contract shall be revoked, and a "Notice of Cancellation of the Patent Exploitation License Contract Filing" shall be issued to the parties concerned.
If the patent license contract is changed after it is filed, a "Notice of Changes in the Patent License Contract Filing" will be issued to the parties.
If the patent implementation license contract is filed and canceled, a "Patent Implementation License Contract Registration Cancellation Notice" will be issued to the parties.
5. Announcement. The State Intellectual Property Office’s registration information for patent implementation licensing contracts is in the patent register It will be registered in the Patent Gazette and announced in the Patent Gazette.Hua Lu editor reminds you that the State Intellectual Property Office registers the patent license contract filing information in the Patent Register and announces it in the Patent Gazette. The above is the relevant information summarized for you. I hope it can help you. This article The website is committed to building an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.
