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The Measures for the Registration of Patent Pledge, which have been deliberated and adopted at the executive meeting, are hereby promulgated and shall come into force as of October 1, 2010.

Measures for the Registration of Patent Pledge

Article 1 These Measures are formulated in accordance with the the People's Republic of China Property Law, the the People's Republic of China Guarantee Law, the the People's Republic of China Patent Law and other relevant provisions for the purpose of promoting the application of patent rights and financing, ensuring the realization of creditor's rights and regulating the registration of pledge of patent rights.

Article 2 The State Intellectual Property Office shall be responsible for the registration of patent pledge.

Article 3 Where a patent right is pledged, the pledgee and the pledgee shall conclude a written pledge contract.

The pledge contract may be a separately concluded contract or a security clause in the main contract.

Article 4 Where a common patent right is to be given, the consent of the other co-owners shall be obtained, unless otherwise agreed by all the co-owners.

Article 5 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 registration of patent pledge.

If a Chinese entity or individual handles the registration of a patent pledge, it may entrust a patent agency established in accordance with the law to do so.

Article 6 The parties concerned may go through the relevant formalities for the registration of patent pledge by mail or direct delivery.

Article 7 To apply for registration of pledge of patent right, the parties concerned shall submit the following documents to the State Intellectual Property Office:

(I) application form for registration of pledge of patent right jointly signed or sealed by the pledgor and the pledgee;

(II) patent right pledge contract;

Identification of the parties to the (III);

If the (IV) entrusts an agent, a power of attorney indicating the power of entrustment;

(V) other materials to be provided.

Where the patent right is subject to asset evaluation, the parties concerned shall also submit an asset evaluation report.

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.

For the documents specified in the first and second paragraphs of this article, the parties may submit electronic scanned copies.

Article 8 The State Intellectual Property Office shall notify the applicant after receiving the application documents for pledge registration submitted by the parties.

Article 9 The patent pledge contract submitted by the parties shall include the following contents related to the registration of the pledge:

The name or address of the (I) party;

(II) the type and amount of the secured claim;

(III) the time limit for the debtor to perform the debt;

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

The scope of (V) pledge security.

Article 10 In addition to the matters stipulated in Article 9 of these Measures, the parties may stipulate the following matters in the patent right pledge contract:

Payment of annual patent fees during the (I) pledge period;

The transfer and implementation license of the patent right during the period of (II) pledge;

The handling when the patent right is declared invalid or the ownership of the patent right is changed during the period of (III) pledge;

Delivery of relevant technical data when the (IV) realizes the pledge.

Article 11 The State Intellectual Property Office shall, within 7 working days from the date of receipt of the application documents for the registration of patent pledge, conduct an examination and decide whether to register or not.

Article 12 If the application for patent pledge registration is qualified after examination, the State Intellectual Property Office shall register it in the Patent Register and send the Notice of Patent Pledge Registration to the party concerned. The right of pledge shall be established at the time of registration with the State Intellectual Property Office.

Upon examination, if one of the following circumstances is found, the State intellectual property Office shall make a decision not to register and send the notice of non-registration of patent pledge to the parties concerned:

The (I) plunder is inconsistent with the patentee recorded in the patent register;

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

(III) patent application has not been granted a patent right;

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

The invalidation procedure has been initiated for the (V) patent right;

(VI) the pledge procedures for the patent right are suspended due to a dispute over the ownership of the patent right or a people's court's ruling to take protective measures against the patent right;

The time limit for the (VII) debtor to perform the debt exceeds the validity period of the patent right;

The (VIII) pledge contract stipulates that the patent right belongs to the pledgee when the pledgee is not paid off at the expiration of the debt performance period;

The (IX) pledge contract does not comply with the provisions of Article 9 of these Measures;

The (X) is plundered by the joint patent right but has not obtained the consent of all the co-owners;

(11) The patent right has been applied for pledge registration and is in the period of pledge;

(12) Other circumstances that should not be registered.

Article 13 During the period of patent pledge, if the State Intellectual Property Office discovers that the pledge registration has the circumstances listed in the second paragraph of Article 12 of these Measures and has not been eliminated, or discovers other circumstances that should revoke the patent pledge registration, it shall revoke the patent pledge registration and issue the Notice of Revocation of Patent Pledge Registration to the parties concerned.

If the patent pledge registration is revoked, the validity of the pledge registration shall be invalid from the beginning.

Article 14 The State Intellectual Property Office shall announce the following contents of patent pledge registration in the patent bulletin: pledgee, pledgee, main classification number, patent number, authorization announcement date, pledge registration date, etc.

If the patent right pledge is changed or canceled after registration, the State Intellectual Property Office shall register and announce it.

Article 15 During the period of patent pledge, if the pledgee fails to submit the proof materials that the pledgee agrees to give up the patent right, the State Intellectual Property Office shall not handle the procedures for the waiver of the patent right.

Article 16 During the period of pledge of a patent right, if the pledgee fails to submit the proof materials that the pledgee agrees to transfer or license the implementation of the patent right, the State Intellectual Property Office shall not go through the registration procedures for the transfer of the patent right or the filing procedures for the patent implementation contract.

Where the pledgee transfers or licenses the patent right to be pledged, the transfer fee and license fee obtained by the pledgee shall be paid off or deposited to the pledgee in advance.

Article 17 During the period of patent pledge, if the name or name, address of the party concerned, the type and amount of the principal creditor's right to be guaranteed or the scope of the pledge guarantee is changed, the party concerned shall, within 30 days from the date of change, go through the procedures for the change of patent pledge registration with the State Intellectual Property Office with the change agreement, the original Notice of Patent Pledge Registration and other relevant documents.

Article 18 Under any of the following circumstances, the party concerned shall apply to the State Intellectual Property Office for the cancellation of pledge registration with the Notice of Registration of Patent Pledge and relevant supporting documents:

(I) the debtor to perform the debt on time or the plunderer to pay off the guaranteed debt in advance;

The right of (II) pledge has been realized;

(III) the pledgee waives the pledge;

(IV) the pledge contract is invalid or revoked because the main contract is invalid or revoked;

Other circumstances in which the right of pledge is extinguished as prescribed by (V) law.

After receiving the application for cancellation of registration, the State Intellectual Property Office shall, after examination, issue a Notice of Cancellation of Patent Pledge Registration to the party concerned. The validity of the registration of the pledge of patent right shall be terminated from the date of cancellation.

Article 19 If the patent right is declared invalid or terminated during the pledge period, the State Intellectual Property Office shall notify the pledgee.

Article 20 If the patentee fails to pay the annual fee of the patent right that has been pledged in accordance with the provisions, the State Intellectual Property Office shall notify the pledgee at the same time as issuing the notice of payment to the patentee.

Article 21 The State Intellectual Property Office shall be responsible for the interpretation of these Measures.

Article 22 These Measures shall come into force as of October 1, 2010. The Interim Measures for the Administration of the Registration of Patent Pledge Contracts promulgated by Order No. 8 of the the People's Republic of China Patent Office on September 19, 1996 shall be repealed at the same time.