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      Measures for registration of patent pledge (no. 56)
      Release time:2018/6/11 16:44:31      Number of clicks:1010

      fifty-six

      The measures for the registration of patent right pledge have been deliberated and adopted by the bureau meeting, and are now promulgated, and shall come into force on October 1, 2010.

      Chief of the bureau, tian lipu

      August 26, 2010

      Measures for registration of patent right pledge

      Article 1 in order to promote the use of the patent right and financing, guarantee the realization of the creditor's rights, standardize the patent pledge registration, according to the law of the People's Republic of China property law, the security law of the People's Republic of China, the patent law of the People's Republic of China and the relevant provisions of these measures.

      Article 2 the state intellectual property office shall be responsible for the registration of patent right pledge.

      Article 3 the pledgor and the pledgee shall enter into a written pledge contract if the patent right is pledged.

      A pledge contract may be a separate contract or a guarantee clause in the main contract.

      Article 4 where a pledge is made by a joint patent right, the consent of the other joint owners shall be obtained, unless otherwise agreed by all the joint owners.

      Article 5 in China didn't often residence or place of business of foreigner, foreign enterprise or other foreign organization of the patent pledge registration formalities, shall entrust a patent agency established in accordance with the law shall apply.

      Where a Chinese entity or individual goes through the formalities for registration of pledge of patent rights, it may entrust a patent agency established in accordance with the law to do so.

      Article 6 the parties may go through relevant procedures for registration of pledge of patent right by post or by direct delivery.

      Article 7 in applying for registration of patent right pledge, the parties shall submit the following documents to the state intellectual property office:

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

      (2) patent right pledge contract;

      (3) identification of the parties;

      (4) where an agent is entrusted, a power of attorney indicating the power of attorney;

      (5) other materials that need to be provided.

      Where a patent right has been assessed on assets, the party concerned shall also submit an asset appraisal report.

      All other documents submitted by the parties shall be in Chinese except for identification. 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 documents specified in paragraphs 1 and 2 of this article, the parties may submit electronic scanning copies.

      Article 8 the state intellectual property office shall notify the applicant after receiving the application documents for registration of pledge submitted by the parties.

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

      (1) the name or address of the party concerned;

      (2) the types and amounts of secured claims;

      The time limit for the debtor to perform his debts;

      (4) the number of patent right items and the name, patent number, application date and authorization announcement date of each patent right;

      (5) scope of guaranty of pledge.

      Article 10 except for the matters specified in article 9 of these measures, the parties may stipulate the following matters in the pledge contract for patent rights:

      (1) payment of annual fee for patent right during the pledge period;

      (2) license for the transfer and implementation of patent rights during the pledge period;

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

      (4) delivery of relevant technical materials when realizing the right of pledge.

      Article 11 the state intellectual property office shall, within 7 working days from the date of receipt of the application documents for registration of patent pledge, examine and decide whether to register them.

      Article 12.

      Where the application for registration of patent pledge has passed the examination, the state intellectual property office shall register the application in the patent registration book and send the notice of registration of patent pledge to the parties concerned. The pledge right shall be established upon registration by the state intellectual property office.

      Upon examination, the state intellectual property office shall make a decision not to register under any of the following circumstances and send to the party concerned the notice of refusal to register under pledge of patent right:

      (1) the pledgor is inconsistent with the patentee recorded in the patent registration book;

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

      (3) where the application for a patent has not been granted a patent right;

      (4) where the patent right is in the period of overdue payment of annual fee;

      (5) where the patent right has been initiated a procedure for invalidation;

      (6) where a dispute arises over the ownership of the patent right or a people's court orders to adopt protective measures against the patent right, the pledge of the patent right is suspended;

      (7) where the time limit for the debtor to perform his debts exceeds the period of validity of the patent right;

      (8) where the pledge contract stipulates that the patent right belongs to the pledgee when the pledgee has not been paid off at the end of the performance period of the debt;

      (9) a pledge contract is not in conformity with the provisions of article 9 of these measures;

      (10) by pledge of the joint patent right but without the consent of all the joint owners;

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

      (12) other circumstances that should not be registered.

      Article 13 of the patent pledge period, the state intellectual property office found the pledge registration situation and listed in the second paragraph of article 12 of these measures has not been eliminated, or find other patent pledge registration shall be revoked, shall cancel the patent pledge registration, and issue the patent pledge registration cancellation notice to the parties.

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

      Article 14 the state intellectual property office of patent pledge registration on the patent gazette notice the following contents: the pledgor and the pledgee, the main classification number, patent number, authorized announcement day, the pledge registration, etc.

      Where the patent right pledge is changed or cancelled after registration, the state intellectual property office shall register and make public announcement.

      Article 15 where the pledgor fails to provide the pledgee with the documents proving that the pledgee agrees to give up the patent right during the pledge period, the state intellectual property office shall not go through the procedures for the abandonment of the patent right.

      Article 16 during the patent pledge, the pledgor uncommitted pledgee agree to transfer or license of implementation of the patent documents, do not grant to deal with the state intellectual property office of patent right transfer formalities that register put on record formalities or patent implementation of contract.

      Where the pledgor transfers or permits another person to implement the pledged patent right, the transfer fee or license fee obtained by the pledgor shall be paid off or deposited with the pledgee in advance.

      Article 17 during the patent pledge, the names of the parties or name, address, the type and amount of the main secured obligee's rights or the scope of guaranty of pledge is changed, the parties shall be held within 30 days from the date of change, change the agreement, the patent pledge registration notice and other relevant documents, go through the formalities for patent pledge registration changes with the state intellectual property office.

      Article 18 under any of the following circumstances, the party concerned shall go through the procedures for cancellation of the registration of pledge with the state intellectual property office on the strength of the notification of registration of pledge of patent right and relevant supporting documents:

      (1) when the debtor performs his debts on schedule or the pledgor pays off the debts guaranteed in advance;

      (2) where the pledge right has been realized;

      (3) the pledgee abandons the pledgee;

      (4) if the pledge contract is invalid or canceled due to the invalidation or cancellation of the principal contract;

      (5) other circumstances where the right of pledge is eliminated as prescribed by law.

      Upon receipt of the application for cancellation of registration, the state intellectual property office shall, upon examination and verification, issue to the parties a notice for cancellation of registration of patent pledge. The validity of the registration of pledge of patent right shall terminate on the date of cancellation.

      Article 19 where a patent right is declared invalid or terminated during the period of pledge, the state intellectual property office shall notify the pledgee.

      Article 20 where the patentee fails to pay the annual fee for the patent right 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 on October 1, 2010. On September 19, 1996, the Patent Office of the People's Republic of China ordered that the interim measures on the registration and administration of patent pledge contracts promulgated on September 8, 1996, be annulled simultaneously.


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