What is the filing of an intellectual property patent implementation license contract
Patent implementation license contract filing
1. Overview
Recording project name: Patent implementation license contract filing
Recording project basis: "Management Measures for the Registration of Patent Implementation Licensing Contracts" (State Intellectual Property Office Order No. 18)
Recording fee: free
2. Service items
Patent implementation license contract filing, patent implementation licensing contract filing changes.
3. Eligibility of bidders
The parties that sign a patent implementation license contract or a patent application technology implementation license contract.
4. Filing process
1. Fill in the Patent Implementation License Contract Registration Application Form or the Patent Implementation License Contract Registration Change Application Form online.
2. Implement the patent into a licensing contract or patent application Submit the electronic version of the technology implementation license contract online or send a paper copy of the contract to the Beijing Intellectual Property Office.
3. After the Intellectual Property Office accepts the filing application, it shall promptly submit the filing application form to the State Intellectual Property Office in accordance with the prescribed form to confirm the legal status of the patent right and patent application right.
4. The Intellectual Property Office will review patents that meet the requirements The contract shall be filed and a certificate of approval for filing shall be issued. The parties shall submit a patent application to the Intellectual Property Office.Patent license contract filing application form or patent license contract filing change application form (with signature and seal) and a copy of the contract (except those that have been submitted), and receive the filing certificate.
5. The Intellectual Property Office will treat those who do not meet the requirements , issue a notice of disapproval to the parties concerned.
5. Filing requirements
1. The parties shall enter into a patent licensing contract in writing
Enacted in accordance with the "Civil Code of the People's Republic of China" and signed into force For a patent license contract, the parties shall complete the filing procedures within 3 months from the date when the patent license contract takes effect. It is recommended to use the patent license contract text compiled by the State Intellectual Property Office. If other contract texts are used, they should comply with relevant legal provisions (the text can be downloaded from the State Intellectual Property Office website or this website).
2. The following information needs to be submitted when applying for registration:
I. Registration application form;
II. Copy of contract;
III. Copy of patent certificate or patent application acceptance notice;IV. Proof of identity of the transferor;
V. Other files.
3. If after review the contract falls into one of the following circumstances, it will not be filed:
I. The patent right is terminated, declared invalid, and the patent application is rejected, withdrawn or deemed to be withdrawn;
II. Without the consent of the joint patentee or applicant, one of the parties enters into a patent contract with others without authorization ;
III. Repeated filing applications for the same patent contract ;
IV. The patent contract period exceeds the validity of the patent right time limit;
V. Other violations of legal provisions of.
6. Patent implementation license contract filing fee standards
I believe that after reading the above introduction, you will have legal knowledge about how to resolve responsibilities and what to pay attention to. To a certain extent, if you still have legal questions in this area, please consult the lawyers on the Legal Savior Network, and they will provide you with professional answers.
