September 19, 1996 Patent Office Order No. 8 published since October 1, 1996 will come into effect)
First of
According to the "PRC security" and "Patent Law of the PRC" and the relevant provisions of the enactment of this approach.
The second of the
Chinese Patent Office franchise is registered with the pledge contract management.
Article III
A franchise out of quality, quality people out with pledgee shall enter into a written contract to the Chinese Patent Office for out quality registration, pledge contract from the date of registration in force.
Article IV
Out of quality people to be lawful patentee. If a patent is more common franchise, then the quality of people out of all the patentee.
Article 5
State-owned units to franchise out the quality, subject to the approval of supervisors.
Chinese units or to the quality of foreigners out of the franchise, subject to the State Council for approval.
For foreign patents registered with the contract pledge, should be entrusted foreign patent agencies agents.
Article VI
The application for patent registration of the mortgage contract, the parties should be sent to the Chinese Patent Office, or in person the following documents :
(1) franchise contract pledge registration forms;
(2) the main contract and the franchise pledge contract;
(3) quality out of the legitimate identity;
(4) the agent's instructions and proof of identity;
(5) a valid proof of the franchise;
(6) patents out before the implementation of quality and licensing;
(7) the superior authority or the competent departments of the State Council have approved the document;
(8) Other requirements for the material;
Chinese Patent Office received these documents to the date of application for registration application.
Article 7
Pledge franchise contracts include the following :
(1) out quality, and the pledgee agent or contact name (name), addresses;
(2) secured the main types of claims;
(3) the debtor defaults period;
(4) the number of patents for each franchise's name, patent, the application, certification;
(5) collateral security;
(6) the pledge the amount and payment;
(7) the pledge during the transfer of the franchise or license agreement;
(8) pledge to maintain an effective franchise agreement;
(9) the number of patent disputes out quality person's responsibility.
(10) pledge during the franchise was revoked or declared void when processing;
(11) default and claims;
(12) controversial solutions;
(13) the expiration of the debt pledge of liquidity;
(14) The parties agreed that the needs of other matters;
(15) the date of signing the contract, signed and sealed.
Article 8
For any of the following situations, one of the franchise contract pledge, the Chinese Patent Office, no registration :
(1) out of quality generic documents were recorded by the patentee or not all of the franchise;
(2) patents declared invalid, has been revoked or terminated;
(3) patent counterfeit or bogus patents; (4) patent applications are not authorized;
(5) patents have been revoked or request declared invalid start procedures;
(6) there is a patent dispute;
(7) pledge over the validity of a franchise period;
(8) the contractual obligations to fulfill the expiry pledgee not pay the debts, the quality of the objects belonged to all the pledgee;
(9) the other not out quality conditions.
9
Chinese Patent Office, the admissibility of the franchise contract pledge registration applications, in accordance with national laws, regulations, review the following elements :
(1) whether the pledge terms of the contract are complete;
(2) whether the conditions listed in Article 8 of one;
(3) whether the requested correction;
(4) Other it is necessary to review the contents.
10
Since the admissibility of the Chinese Patent Office within 15 days (excluding Correction time) to review a decision to make.
11
After examination of the contracts granted patent pledge registration, the parties to send "a pledge franchise contract registration notices."
Review by unqualified or overdue correction, no registration, the parties to send "franchise pledge not to register the contract notice."
Article 12
Chinese Patent Office set up a "franchise contract pledge registry" for public inspection.
Article 13
The pledge during the patentee on the patents registered with the project change requests, subject to the pledge agreement of the parties.
14
Changes pledgee, the main secured creditor, or the type and amount of collateral security, the parties concerned should make changes to the decision within seven days from the date of change in the agreement with the original "contract pledge franchise registration notices," and other relevant documents to the Chinese Patent Office for the change.
Article 15
The pledge to extend the application deadline, the parties concerned should be in the original pledge holders before the expiry of an extension agreement, the original "contract pledge franchise registration notices," and other relevant documents to the Chinese Patent Office for permits.
Article 16
Early release of the mortgage contract, the parties should pledge to lift from the signing of an agreement on the contract within seven days after the disarmament agreements and hold "pledge franchise contract registration notices" to the Chinese Patent Office, a securities contract cancellation of the registration procedures.
17
Patents are invalid, revocation or other reasons after the loss, the parties should be in receipt of the notification within seven days from the date of patent holders lost documents and the original "contract pledge franchise registration notice" to the Chinese Patent Office, a securities contract cancellation of the registration procedures.
Article 18
The main contract null and void because of the pledge which the contract invalid, the parties concerned should be to the Chinese Patent Office, a securities contract cancellation of the registration procedures.
Article 19
The pledge period expires, the parties shall, with the completion of the contract documents and carry out "pledge franchise contract registration notice" to the Chinese Patent Office, a securities contract cancellation of the registration procedures.
Pledge after the expiration of 15 days after the parties not to cancel the registration, the contract will be registered automatically canceled. Article 20 by the China Patent Office audit, issued to the client "pledge franchise contract registration cancellation notices."
Pledge franchise contract since the date of cancellation of registration lapsed.
Article 21.
The contract submitted false documents or other means to obtain illegal or fraudulent registration of the franchise contract pledge, the Chinese Patent Office to cancel the contract by law to register with a party's location patent authorities punished 1,000 yuan more than 10,000 yuan fine.
Article 22.
Patent applications for the registration of mortgage contract, the parties should be required to pay registration fees.
Article 23
This approach by the Chinese Patent Office for interpretation.
Article 24
This approach since October 1, 1996 has come into effect.