(2001, December 17, 2001)
The first of the effective protection of patent rights, regulate trade and to promote the implementation of patents, according to the "Contract Law", "Patent Law of the PRC", "Patent Law of the PRC Regulations" and the relevant laws, regulations and the enactment of this approach.
The second of the State Intellectual Property Office is responsible for patent licensing contracts (including patent applications licensing contracts, hereinafter referred to patent contract) work of the record. The State Intellectual Property Office, the provinces, autonomous regions and municipalities of patent departments (hereinafter referred to the local registration departments) is responsible for the administrative region of filing patents contract work.
The third of the grantor to the alleged patent refers to set the franchise contract or patent applicant or other rights, the assignee is set franchise contract the other party.
The fourth of the grantor should be legitimate franchise or the patent applicant or other rights holders. A patent or patent application with more than two co-patentee or patent applicants, the grantor should be for all people patents or patent applicants.
The fifth of the parties shall patent contract effective date within three months of filing.
The sixth of the record has patent licensing contracts assignee has proof that another person is committing or about to commit a violation of its franchise, if not stopped, will cause the legitimate rights and interests irreparable damage that can be brought to the people's court before being ordered to cease violations of the franchise applicants acts applications. Exclusive patent licensing contracts assignee can legally separate to the people's court; Exclusive patent licensing contracts assignee of the franchise does not apply to the circumstances, it may apply. After filing the patent assignee of the contract is happening or has happened patent violations, in accordance with the Patent Law Article 57 request, the local record management departments.
The seventh of the parties with the contract filing patent applications for foreign exchange, customs and other related intellectual property registration procedures.
After the eighth of the filing of patent licensing contracts nature, scope, timing, permit the use of the amount, as the people's courts, the patent management departments to mediate disputes or to determine the amount of compensation infringement of reference.
Article 9 of the parties should be in written form patent contract.
The 10th of the patent contract can be made use of State Intellectual Property Office, the Executive Producer of the contract language; Other text of the contract, it should be consistent with the provisions of relevant laws.
Article 11 in China had no regular residence or place of business by foreigners, foreign enterprises or other foreign organizations in China for patent contract records, it should be entrusted the State Intellectual Property Office of the designated patent agency. Chinese units or individuals in China for the patent contract records, can be entrusted to patent agency.
Article 12 of the parties should be based on the terms of the contract, to fill in the contract filing patent applications signature and stamp.
Article 13 of the contract for filing patents should submit the following documents - one of the two :
(1) filing the application form;
(2) a copy of the contract;
(3) patent or patent application admissible copy of a notice;
(4) the grantor identity;
(5) other documents.
The 14th of the parties to submit the documents should be used in Chinese, using A4 paper printed on one side. The document is a foreign language, the parties concerned should be within the specified time limit attached : Chinese; All the expiry not, as had not been filed.
Article 15 of not filing the following :
(1) termination of the franchise, was declared invalid patent application was rejected, withdrawn or deemed withdrawn;
(2) without a franchise or joint applicants agree that one of the parties and others made unauthorized patent contracts;
(3) Contract repeat the same patent applications filed;
(4) the duration of contracts over patent validity of the patent;
(5) Other non-compliance with legal requirements.
The 16th of the local departments of filings filing the application, in accordance with the provisions of the form should be promptly filed applications submitted to the State Intellectual Property Office, recognizing patents, patent applications for the legal state.
The 17th of the right to meet the requirements of the contract filing patent applications, local departments in the record seven days granted to the parties issued proven record; Do not meet the requirements to the client not filed notice issued.
The 18th of the local departments in the record filing process has been completed after three days of its filing, the parties to submit the application documents submitted to the State Intellectual Property Office.
Article 19 of the State Intellectual Property Office patent database record contract, management record data, and provide public inquiries.
20 patents contract records from the contents of the State Intellectual Property Office to register on the Zhuanlidejibao and patent Gazette notice the following : Contract case, the grantor, the assignee, the main Key words, patents, patent applications, authorized Notice, contractual nature, the filing date that contract dates, changes in the contract.
Early 21st of the parties to lift the patent contract, it should be made in the agreement to lift 10 days after the agreement holders, the filing certificates and other documents relating to the original registration department or deregistration procedure. Not scheduled for early release procedures, the original filing continue to be valid until the original patent expiry of contract performance.
Article 22 of the extended patent period of performance of the contract, the parties concerned should fulfill the original contract deadline expired two months ago, with changes in the agreement, the filing certificates and other documents relating to the original registration departments for the record the change. Patent change other elements of the contract by reference to the above processing.
Article 23 of the patent is fulfilling a contract transfer of the franchise, the original patent contract is not effective. The parties agree otherwise exempted.
Article 24 of the patent application is approved, the parties concerned should be timely patent application licensing contracts and the name change to the terms of patent licensing contracts. Patent applications have been rejected or considered withdrawn, the parties concerned should promptly handle patent filing contract cancellation procedures.
25th franchised franchise contract performance period has been declared invalid, the parties concerned should make timely filing cancellation procedures. Declared null and void the decision to have fulfilled the patent validity of the contract, in the light of the legal requirements.
Article 26 filing applications submitted false documents or other means to illegally obtained or forged patent contract records to prove, and local departments should record canceled its contract records, and to investigate this case.
Article 27 local departments should strengthen the record on the professional training and evaluation, in accordance with the law on patent licensing for standardized management.
The 28th of the local departments in accordance with the filing requirements of the work, the State Intellectual Property Bureau will be suspended until cancel their registration eligibility.
The 29th of this approach to the alleged date of the later days.
The 30th of this approach by the State Intellectual Property Office is responsible for the explanation.
Article 31 of this approach since January 1, 2002 has come into effect. |
