Measures for the Filing of Patent Implementation License Contracts (Bureau Decree No. 62)

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Release time:2016-07-19

The Measures for the Filing of Patent Licensing Contracts, which have been deliberated and adopted at the executive meeting, are hereby promulgated and shall come into force as of August 1, 2011.

Measures for the Filing of Patent Implementation License Contracts


Article 1 These Measures are formulated in accordance with the Patent Law of the People's Republic of China, the the People's Republic of China Contract Law and relevant laws and regulations for the purpose of effectively protecting patent rights, regulating the licensing of patents and promoting the application of patent rights.

Article 2 The State Intellectual Property Office shall be responsible for the filing of patent licensing contracts nationwide.

Article 3 The licensor of a patent exploitation license shall be the lawful patentee or other right holder.

Where a patent licensing contract is concluded with a common patent right, the consent of the other co-owners shall be obtained, unless otherwise agreed by all co-owners or otherwise provided for in the the People's Republic of China Patent Law.

Article 4 A patent licensing contract applied for filing shall be concluded in writing.

The conclusion of a patent implementation license contract may use the model contract uniformly formulated by the State Intellectual Property Office; if other contract texts are used, they shall comply with the provisions of the the People's Republic of China Contract Law.

Article 5 The parties shall go through the filing procedures within 3 months from the date of entry into force of the patent licensing contract.

Article 6 Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China shall entrust a patent agency established according to law to handle the relevant formalities for filing.

Chinese units or individuals who go through the relevant procedures for filing may entrust a patent agency established in accordance with the law to do so.

Article 7 The parties may go through the relevant formalities for the filing of the patent licensing contract by mail, direct delivery or other means prescribed by the State Intellectual Property Office.

Article 8 To apply for the filing of a patent implementation license contract, the following documents shall be submitted:

(I) application form for the record of the patent implementation license contract signed or sealed by the licensor or the patent agency entrusted by it;

(II) patent implementation license contract;

Identification of the parties to the (III);

If the (IV) entrusts a patent agency, a power of attorney indicating the power of entrustment;

(V) other materials to be provided.

Article 9 The patent licensing contract submitted by the parties shall include the following contents:

The name or address of the (I) party;

The number of (II) patent rights and the name, patent number, application date and authorization announcement date of each patent right;

(III) the type and duration of the implementation license.

Article 10 In addition to proof of identity, other documents submitted by the parties shall be in Chinese. If the identity certificate is in a foreign language, the party concerned shall attach a Chinese translation; if it is not attached, it shall be deemed not to have been submitted.


Article 11 The State Intellectual Property Office shall, within 7 working days from the date of receipt of the filing application, conduct an examination and decide whether to file it.

Article 12 If the filing application is qualified after examination, the State Intellectual Property Office shall issue a Certificate of Patent License Contract Filing to the parties concerned.

If the filing application has one of the following circumstances, it shall not be filed, and the notice of non-filing of the patent implementation license contract shall be sent to the parties:

(I) the patent right has been terminated or declared invalid;

(II) the licensor is not the patentee recorded in the patent register or any other right holder who has the right to grant a license;

The (III) patent licensing contract does not comply with the provisions of Article 9 of these Measures;

The term of the (IV) license exceeds the term of validity of the patent right;

(V) joint patentee enters into a patent licensing contract in violation of legal provisions or agreements;

The (VI) patent right is in the period of overdue payment of annual fee;

(VII) the relevant procedures for the patent right are suspended due to a dispute over the ownership of the patent right or a people's court has ruled to take protective measures against the patent right;

Repeatedly applying for the record (VIII) the same patent implementation license contract;

Where the (IX) patent right is pledged, except with the consent of the pledgee;

The (X) conflicts with the patent implementation license contract that has been filed;

(11) Other circumstances that should not be put on record.

Article 13 After the filing of the patent implementation license contract, if the State Intellectual Property Office finds that the filing application has the circumstances listed in the second paragraph of Article 12 of these Measures and has not been eliminated, it shall revoke the filing of the patent implementation license contract and issue the "Notice of Revocation of Patent Implementation License Contract Filing" to the parties concerned.

Article 14 The relevant contents of the patent implementation license contract shall be registered by the State Intellectual Property Office in the patent register, and the following contents shall be announced in the patent bulletin: licensor, licensee, main classification number, patent number, application date, authorization announcement date, type and term of implementation license, and filing date.

If the patent implementation license contract is changed, canceled or revoked after filing, the State Intellectual Property Office shall make the corresponding registration and announcement.

Article 15 The State Intellectual Property Office shall establish a database for the record of patent licensing contracts. The public can check the legal status of the patent implementation license contract filing.

Article 16 Where a party extends the term of the implementation license, it shall, within 2 months before the expiration of the original term of the implementation license, go through the formalities of filing change with the State Intellectual Property Office with the change agreement, the filing certificate and other relevant documents.

Where other contents of the patent implementation license contract are changed, the provisions of the preceding paragraph shall be referred.

Article 17 Where the term of the implementation license expires or the patent implementation license contract is terminated in advance, the parties concerned shall, within 30 days after the expiration of the term or the conclusion of the termination agreement, go through the formalities of record cancellation with the State Intellectual Property Office with the certificate of record, the termination agreement and other relevant documents.

Article 18 If the patent rights involved in the patent implementation license contract that has been filed are declared invalid or terminated before the expiration of the term, the parties concerned shall promptly go through the formalities for the cancellation of the record.

Article 19 The type, term, calculation method or amount of the patent implementation license contract, etc., which has been filed, may be used as a reference for the department in charge of patent work to mediate the amount of infringement compensation.

Article 20 Where a party applies for the record of a patent application implementation license contract, it shall be implemented with reference to these Measures.

When applying for filing, if the patent application is rejected, withdrawn or deemed to be withdrawn, it shall not be filed.

Article 21 Where a party applies for the filing of a patent application implementation license contract, after the patent application is approved to grant a patent right, the party shall promptly change the name and relevant provisions of the patent application implementation license contract accordingly; if the patent application is rejected, withdrawn or deemed to be withdrawn, the party shall promptly go through the formalities for filing and cancellation.

Article 22 These Measures shall enter into force as of August 1, 2011. The Measures for the Administration of the Filing of Patent Implementation License Contracts promulgated by Order No. 18 of the State Intellectual Property Office on December 17, 2001 shall be repealed at the same time.