State Intellectual Property Office, Measures for the Record Filing of Patent Licensing Contracts

Main contents: Parties shall carry out record filing procedures within three months from the date on which their patent licensing contract entered into effect (Article 5). If a foreign national, foreign enterprise or other foreign organisation that does not have a permanent residence or business establishment in China is to carry out record filing-related procedures, it shall appoint a lawfully established patent agency to do so on his/her/its behalf (Article 6). A party may carry out record filing-related procedures for a patent licensing contract by mail, by direct delivery or by other means as specified by the State Intellectual Property Office (Sipo) (Article 7).

When applying for record filing of a patent licensing contract, the following documents shall be submitted: (1) an application form for the record filing of a patent licensing contract signed or stamped by the licensor or the patent agency appointed by him/her/it; (2) the patent licensing contract; (3) the proof of identity of both parties; and (4) if a patent agency has been appointed, the power of attorney indicating the authority of the agency (Article 8). Sipo shall conduct an examination and render its decision on whether to grant record filing within seven working days from the date of receipt of the application (Article 11).

The following particulars of a patent licensing contract shall be announced in the patent gazette: the names of the licensor and licensee, main classification number, patent number, filing date, grant gazette date, type and term of the licence and record filing date (Article 14). The public may consult the patent licensing contract record filing database established by Sipo to determine the legal status of the record filing of patent licensing contracts (Article 15).