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What is the filing process of patent license?
1. What is the filing process of patent license? The parties concerned may go through the relevant formalities for filing the patent licensing contract by mail, direct delivery or other means stipulated by China National Intellectual Property Administration. To apply for filing a patent licensing contract, the following documents shall be submitted: 1, an application form for filing a patent licensing contract signed or sealed by the licensor or its entrusted patent agency; 2. Patent licensing contract; 3. Identification certificates of both parties; 4, entrust a patent agency, indicate the power of attorney; 5. Other materials that need to be provided. China National Intellectual Property Administration shall, within 7 working days from the date of receiving the filing application, make a review and decide whether to file the application. If the filing application passes the examination, China National Intellectual Property Administration shall issue a patent licensing contract filing certificate to the parties concerned. The relevant contents of the patent licensing contract shall be registered in the patent register by China National Intellectual Property Administration, and the following contents shall be announced in the patent gazette: licensor, licensee, main classification number, patent number, application date, authorization announcement date, license type and duration, and application date. If the patent licensing contract is changed, dissolved or revoked after filing, China National Intellectual Property Administration shall make corresponding registration and announcement. Article 12 of the Patent Law Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee a royalty. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. 2. Under what circumstances, the filing of patent license will not pass the filing application. In any of the following circumstances, the patent license shall not be filed, and a Notice of Not Filing the Patent License Contract shall be sent to the parties: 1. The patent right is terminated or declared invalid; 2. The licensor is not the patentee recorded in the patent register or any other obligee who has the right to grant a license; 3. The patent licensing contract does not conform to the provisions of Article 9 of these Measures; 4, the implementation of the license period exceeds the validity of the patent right; 5.* * * The patentee enters into a patent licensing contract in violation of legal provisions or agreements; 6. The patent right is in the late stage of annual fee payment; 7, because of the patent ownership dispute or the people's court ruled to take preservation measures for the patent right, the relevant procedures of the patent right were suspended; 8, the same patent licensing contract repeated application for the record; 9. Where the patent right is pledged, except with the consent of the pledgee; 10, which conflicts with the registered patent licensing contract; 1 1. Other circumstances that should not be filed. To sum up, after the parties authorize others to use the patent, they should file the patent license. Prepare application forms, patent licensing contracts, ID cards of both parties and other materials, and mail or send them directly to China National Intellectual Property Administration. The property management office will review the materials after receiving them and give a reply within seven days. If it passes the filing, a patent license filing certificate will be issued.
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