Patent License Filings Now Subject to New Requirements
The State Intellectual Property Office (“SIPO”) has issued the Measures for Filing of Patent Exploitation License Contracts 专利实施许可合同备案办法 (the “Measures”) which came into effect on August 1, 2011, The Administrative Measures for the Filing of Patent Exploitation License Contracts issued on December 17, 2001, as the Order of the State Intellectual Property Office No. 18 shall be repealed simultaneously.
According to the Measures,
- The SIPO shall be responsible for the filing of patent exploitation license contracts throughout the country.
- The licensor of contract licensing shall be lawful patent owner or other right-holder. If patent exploitation license contract is concluded on the basis of jointly-owned patent rights, unless there is a separate agreement among all the co-owners or otherwise provided for in the Patent Law, the consent of other co-owners shall be obtained.
- Patent exploitation license contracts for which filing is applied shall be concluded in a written form.
- The SIPO shall review the application within 7 working days after its receipt of the application for filing and decide whether or not to approve the filing.
- If an exploitation license expires or a patent exploitation license contract is terminated in advance, the parties shall go through the procedures for cancellation with the SIPO within 30 days after the expiry of such license or the execution of a termination agreement.