Filing patent licensing contracts

September 03, 2011 | BY

clpstaff &clp articles

New measures set out procedures for registration authority, documentation requirements and the timeframe for the recordation of patent licences in China. Foreign patentees should take note of several administrative points the rules outline

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The State Intellectual Property Office (Sipo) promulgated the amended Measures for the Record Filing of Patent Licensing Contracts (国家知识产权局专利实施许可合同备案办法) (the New Measures) on June 27 2011, which was implemented as of August 1 2011. The New Measures, based on the Administration of the Record Filing of Patent Licensing Contracts Measures (国家知识产权局专利实施许可合同备案管理办法) (the Old Measures) promulgated by Sipo on December 17 2001, and taking into account the amended PRC Patent Law (中华人民共和国专利法) and Implementing Rules for the PRC Patent Law (中华人民共和国专利法实施细则), have made proper revisions to certain articles that are not in compliance with the said upper level laws.