1. When to file a patent license contract
1. Patent If the right holder licenses others to exploit the patent rights, he must enter into a patent exploitation licensing contract with the licensee and file it with the patent administration department of the State Council within 3 months from the date of effective date of the contract.
2. 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 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. Materials required for filing patent implementation license contract
According to the provisions of the current patent law, the following materials need to be submitted for filing a patent license contract:
(1) Registration application form (download from the website of the State Intellectual Property Office), original;
(2) Copy of license contract (agreement) (contract), original;
(3) Copy of patent certificate;
(4) Proof of identity of the assignor : Natural person, submit identityCopy of ID card; For legal persons, submit a copy of the business license with official seal, a copy of the organization code certificate, and a copy of the legal representative’s ID card;
(5) Proof of identity of the transferee: For natural persons, submit a copy of the ID card; for legal persons, submit a copy of the business license stamped with the official seal, a copy of the organization code certificate, and a copy of the legal representative’s ID card;
(6) If an agency is entrusted to handle the matter, a power of attorney jointly issued by both parties to entrust the patent agency to handle the matter, and a copy of the ID card of the specific person in charge of the patent agency;(7) If the license contract (agreement) (contract) is signed for more than three months, a "statement" or "request for filing report" signed by both parties, ( Original), stating that the original contract (agreement) (contract) continues to be valid;
(8) If the company name has changed (the name at the time of filing and the license contract (the name in the agreement) (contract) is inconsistent), submit the change certificate (original, or a copy of the company's official seal) issued by the Industrial and Commercial Bureau.
According to the provisions of the "Patent Law Implementing Rules", if the patentee licenses others to exploit the patent rights, he must enter into a patent exploitation licensing contract with the licensee and shall It shall be filed with the Patent Administration Department of the State Council within 3 months from the date when the contract comes into effect. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.