What documents need to be submitted for the filing of patent licenses

a) Application documents that must be submitted.

1. Application for the filing of customs protection of patent rights (automatically generated by the "Application System for the Filing of Customs Protection of Intellectual Property Rights", signed and sealed after printing);

2. Applicant's identity document (choose one of the two).

Natural person: a copy of the personal identity document (signed and stamped and marked "verified with the original");

Legal person: a copy of the industrial and commercial business license or other registration documents (signed and marked "checked with the original"), and the foreign language registration certificate shall provide a Chinese translation;

3. A copy of the patent certificate (signed and marked with the original to check correctly); To apply for a design patent, a copy of the design patent announcement must be provided (signed and stamped and marked "checked with the original"); For utility model patents, a copy of the utility model patent search report should be provided (signed and stamped and marked "checked with the original"). If the above-mentioned patent has been granted for more than one year from the date of publication, the original copy of the patent register issued within 6 months before the application must also be submitted;

4. A copy of the bank slip for the payment of the filing fee (signed and marked with "checked with the original").

2) To entrust the ** person to apply for customs filing, additional documents need to be submitted.

6. **Personal identification document (choose one of the two):

Natural person: a copy of the personal identity document (signed and stamped and marked "verified with the original");

Legal person: a copy of the business license (signed and stamped and marked "checked with the original").

c) Select the documents to be submitted.

7. ** or samples of the goods and their outer packaging;

8. Evidence of import and export of known infringing goods;

9. The use of rights and licenses, if there is a license contract, submit a copy of the contract (signed and marked "check with the original"), and if there is no contract, provide the license list, content, period, etc.;

10. Other relevant documents required by the Customs.

Note: Overseas (including Hong Kong, Macao and Taiwan) intellectual property rights holders who apply for customs filing of intellectual property rights must apply to the customs by the office established in China or the domestic ** person.

Information required for the filing procedures of the patent license contract:

1) The application form for the filing of the patent exploitation license contract signed or sealed by the licensor or the patent ** institution entrusted by the licensor. The application form should be standard** (standard** can be used in the State Intellectual Property Office****), and the content of the application form should be printed (except for signatures and seals).

2) The original or notarized copy of the patent exploitation license contract.

3) Proof of legal identity of the licensor and licensee.

a.Chinese individuals can submit a copy of their ID card, and foreigners can submit a copy of their passport.

b.The Chinese unit shall submit a copy of the business license or a copy of the legal person certificate or a copy of the ** certificate of the organization, which shall be stamped with the official seal of the unit.

c.Foreign enterprises or other foreign organizations shall submit a registration certificate issued by the local competent authority, and if the registration certificate is a photocopy, it shall be notarized by a local notary public.

4) The original power of attorney signed or sealed by the licensor, the licensee and the entrusted person.

The power of attorney shall clearly state the authority of the entrustment, the matters to be entrusted, the name and ID number of the principal and the person to be entrusted. There is no fixed form of power of attorney and it is signed by the parties themselves.

5) A copy of the ID card of the entrusted person.

6) Other materials that need to be provided. For example, if a Chinese entity or individual licenses a patent, it is required to submit the technology import and export registration certificate or technology import and export license issued by the commerce department when going through the formalities for filing the license contract.

The role of patent license filing:

1. Ensure the performance of the failed patent exploitation license contract and protect the legitimate interests of both parties to the contract;

3. Other functions of patent license filing.

[Legal basis].Article 14 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

In addition to the transfer of the patent right in accordance with Article 10 of the Patent Law, if the patent right is transferred due to other reasons, the party concerned shall go through the formalities for the transfer of the patent right with the patent administration department with the relevant supporting documents or legal documents.

The patent exploitation license contract entered into between the patent blind rock right holder and others shall be filed with the patent administration department within 3 months from the effective date of the contract.

If the patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department.

After the patent we applied for is repatriated, it can be used by ourselves, sold to others, and licensed to others. The patentee has the right to authorize the patent to others to use, that is, the patent license, but the patent license must remember to go through the patent implementation record, do you know how to handle it?

The processing time for the license filing.

According to Article 14 of the Detailed Rules for the Implementation of the Patent Law, a patent exploitation license contract entered into between a patentee and another person shall be filed with the patent administration department within three months from the effective date of the contract. If it is not processed within the specified time, it is necessary to submit an explanation that it was not handled in time, and the signature or seal of the licensor and the licensee is required.

The form of handling the license filing.

1. Self-handling: It can be handled by mail, directly or by submitting materials to the patent agency.

2. Entrustment: Domestic individuals or enterprises, units and organizations can entrust a formal patent institution to handle it, and if it is a foreign individual, enterprise or organization that does not have a habitual residence or business office in China, it must be handled by a leading institution.

Materials for handling license filing.

1. Application Form for the Filing of Patent Exploitation License Contract signed or sealed by the licensor or the patent ** institution entrusted by the licensor;

2. The original or notarized copy of the patent exploitation license contract;

3. Identification documents of the licensor and licensee: personal ID card, company business license, etc.;

4. If the above materials are foreign language documents, Chinese translations need to be attached, if not submitted, it will be regarded as unsubmitted and will not be accepted;

5. If the patent ** institution is entrusted, the power of attorney with the entrustment authority shall also be indicated.

The process of handling the license filing.

1. Prepare the materials for the filing of the above-mentioned patent exploitation license;

2. Submit to the Patent Office of the State Intellectual Property Office;

3. Review and decide whether to file within 7 working days from the date of receipt of the filing application;

4. If the filing is passed, a certificate of approval for filing will be issued, and if the requirements are not met, a notice of non-filing will be issued to the applicant.

The patent exploitation license restricts the licensee to use the patent only within a limited scope, period and territory, so it is necessary to delay the filing of the patent exploitation license, which can not only protect the patentee's own rights and interests and protect it from infringement, but also the supporting documents for the declaration of high-tech enterprise identification, intellectual property recordation and other related procedures. If the patentee licenses its own patent to others for use, it must not be greedy for trouble and not enter the hidden royal line for the record, otherwise the infringement will cause losses in the process of implementation, which will really outweigh the losses.

The parties concerned may go through the formalities related to the filing of the patent exploitation license contract by mail, direct delivery or other means prescribed by the State Intellectual Property Office.

Where an application is made for the filing of a patent exploitation license contract, the following documents shall be submitted:

1) The application form for the filing of the patent exploitation license contract signed or sealed by the licensor or the patent ** institution entrusted by the licensor.

2. Patent exploitation license contract;

3. Proof of identity of both parties;

4. If the patent ** institution is entrusted, the power of attorney indicating the entrustment authority;

5. Other materials that need to be provided.

The State Intellectual Property Office shall conduct an examination within 7 working days from the date of receipt of the filing application and decide whether to file it. If the application for filing is qualified after examination, the State Intellectual Property Office shall issue a Certificate of Filing of the Patent Exploitation License Contract to the parties.

The relevant contents of the filing of the patent exploitation license contract shall be registered in the patent register by the State Intellectual Property Office, and the following contents shall be announced in the patent gazette: licensor, licensee, main classification number, patent number, application date, grant announcement date, type and term of exploitation license, and filing date. If the patent exploitation license contract is changed, cancelled or revoked after filing, the State Intellectual Property Office shall register and announce it accordingly.

Article 12 of the Patent Law stipulates that any unit or individual that exploits another person's patent shall enter into a license contract with the patentee and pay the patentee royalties. The licensee shall not have the right to allow any entity or individual to exploit the patent other than as stipulated in the contract.

1. Under what circumstances will the filing of a patent license not be approved?

In any of the following circumstances, the filing application shall not be recorded, and a Notice of Non-filing of the Patent Exploitation License Contract shall be sent to the parties:

1. The patent right has been terminated or declared invalid;

2. The licensor is not the patentee recorded in the patent register or other right holders who have the right to grant the license;

3. The patent exploitation license contract does not comply with the provisions of Article 9 of these Measures;

4. The term of the exploitation license exceeds the validity period of the patent right;

5. The co-patentee enters into a patent exploitation license contract in violation of legal provisions or agreements;

6. The patent right is in the overdue period for the payment of annual fees;

7. Where a dispute arises over the ownership of the patent right or the people's court decides to take preservation measures against the patent right, and the relevant procedures of the patent right are suspended;

8. Repeated applications for filing of the same patent exploitation license contract;

9. Where the patent right is pledged, except for the consent of the person who has been informed of the pledge;

10. Conflict with the patent exploitation license contract that has been filed;

11. Other circumstances that should not be recorded.