1. Instructions for filing patent license contract
1. What It is the filing of a patent licensing contract
The filing of a patent licensing contract refers to a patent licensing contract that has been concluded and taken effect by the patent administration department or a department entrusted by it. The act of retaining and making public.
The parties (licensor and licensee) shall go to the department designated by the State Intellectual Property Office to complete the filing procedures within 3 months from the date of the contract's effectiveness. The licensor and the licensee shall jointly entrust a natural person with full civil capacity to handle the filing procedures.
2. Department that handles contract filing
The parties to the patent licensing contract involve foreigners and foreign enterprises If the parties are domestic individuals, enterprises or organizations, the parties concerned must register with the State Intellectual Property Office; if both parties to the patent licensing contract are domestic individuals, enterprises or organizations, the parties may go to the agencies established nationwide by the Patent Office of the State Intellectual Property Office to handle the matter.
State Intellectual Property Office filing department: State Intellectual Property Office Patent Office Preliminary Examination Process Management Department Agency Business Management Office, parties can submit in person or by mail Filing documents.
Personal delivery address: Registration and Pledge Office, Room 601H, 6th Floor, Gengfang International Building, No. 13 A Huayuan Road, Haidian District, Beijing. (Southeast side of Meilianmei Garden Road store; take Metro Line 10 and get off at Mudanyuan Station, go west for 300 meters to the first intersection, then go south for 200 meters; take buses 626, 16, 22 and 38 and get off at Beitaipingqiao West Station , 300 meters to the north).
Sending address: Agency Business Management Office, Preliminary Examination and Process Management Department, Patent Office, State Intellectual Property Office, No. 6, Tucheng Road, Jimenqiao, Haidian District, Beijing. Please indicate on the mailing envelope"Contract Filing" words.
Postcode: 100088
3. Can a foreign patent licensing contract 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.4. Is it necessary to pay for contract filing
No.
5. Is it necessary to entrust a patent agency to handle contract filing
1). The licensor and the licensee The licensor is a domestic individual, enterprise or organization, and can entrust either a patent agent from a patent agency or another individual with full capacity for civil conduct to handle contract filing.
2). If the licensor and licensee involve foreigners, foreign legal persons or other foreign organizations, they must entrust a patent agent from a patent agency to handle the contract. Filing.
6. Can an unauthorized patent application implementation license contract be filed?
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 for signatures and seals).
(2) Original patent implementation license contract.
(3) Legal identity certificate of the licensor and the licensee.
2. The specific contents of the patent implementation license contract are
1. Relevant description of the content of the patented technology; the scope of time and space applicable to the implementation license contract; technical guidance and technical service terms; patent defect guarantee; patent licensing fees and paymentMethod and time of payment; liability for breach of contract and calculation method of liquidated damages or compensation for losses.
2. Legal basis: Article 866 of the Civil Code of the People's Republic of China, the licensor of a patent licensing contract shall license the licensee in accordance with the agreement implement the patent, deliver technical materials related to the implementation of the patent, and provide necessary technical guidance.
Article 867: The licensee of a patent license contract shall implement the patent in accordance with the agreement and shall not license a third party other than the agreement to implement the patent. , and pay usage fees as agreed.
