What is the content of the Patent Implementation License Contract Filing Guide
According to the Provincial Intellectual Property Office’s Notice on Further Strengthening Patent Implementation Licensing In the spirit of "Notice on Contract Filing Work", combined with the actual situation of high-tech enterprise identification and other work, the guidelines for patent implementation licensing contract filing work are now as follows:
1. Filing application materials and precautions
(1) Two original copies of the patent implementation license contract filing application form. Only one patent number can be filled in a filing application form. Filling in multiple patent numbers is invalid. The signature in the statement of power stability refers to the signature of the transferor (patentee). The transferor is a natural person and signed by the natural person. If the transferor is a legal person, it is stamped with the official seal of the legal person.
(2) The patent implementation license contract signed by both parties (the contract text and signing guide can be downloaded from the form download column of Pinghu Intellectual Property Network) are in 4 copies, at least 2 of which are originals, and should be from the patent implementation The registration procedures must be completed within 3 months from the effective date of the licensing contract. If the application is not processed in a timely manner after the expiration date, two original copies of the explanatory document must be issued to explain the reasons for not completing the filing on time and express the willingness to file. in contractThe implementation time of the signed patent license must be within the validity period of the patent right, otherwise the contract will be invalid. Proof of identity of the assignor (patentee) and assignee. Natural persons shall submit a copy of their ID cards, and legal persons shall submit a copy of their business license and organization code certificate, and submit the originals for verification. As well as a copy of the patent certificate of the licensed patent and a copy of the receipt for the latest patent annual fee payment (issued by the National Intellectual Property Rights).
2. Working procedures
(1) The assignee submits the application to the Municipal Science and Technology Bureau or the relevant patent agency The application materials for filing the patent license contract involved in this notice (hereinafter referred to as the filing application materials).
(2) Municipal Science and Technology Bureau, Patent Agency After a preliminary review of the completeness of the submitted filing application materials, fill in the "Provincial Patent Implementation Licensing Contract Filing Statistical Table" (Attachment 1), and submit the filing date according to the "Municipal Filing Application Material Submission Date Table" (Attachment 2) The application materials shall be submitted to the Provincial Intellectual Property Office.
(3) Provincial Intellectual Property Office accepts filing applications Then, submit the filing application form to the State Intellectual Property Office in accordance with the procedures to confirm the legal status of the patent right and patent application right. For patent contract filing applications that meet the requirements, the Provincial Intellectual Property Office will issue a filing approval certificate to the parties within 7 working days; if the requirements are not met, a notification of disapproval of filing will be issued to the parties.
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