Friday, April 26 2024   \  Published by Sonoda Kobayashi .

CNIPA issues notice on the handling patent open licensing system

CNIPA issues notice on the handling patent open licensing system

From January 20, 2024, the CNIPA has started examining the patent open license declaration submitted by the patentee in accordance with Article 50 of the Chinese Patent Law and Articles 85 to 88 of the Detailed Rules for the Implementation of the Patent Law and Chapter 11 of Part V of the Patent Examination Guidelines.

1. Timing of submission After the publication announcement of the grant of the patent right.

2. Submission method In electronic form.

3. Submission of materials Including signed or sealed declaration of the patent open license, a brief explanation of the basis and method of calculating royalties, etc (Section 3.3 of Chapter 11 of Part V of the Patent Examination Guidelines).

4. Fees If the patentee submits a request for the filing of a patent open license exploitation contract in accordance with the provisions of Article 51, Paragraph 2 of the Patent Law and Article 87 of the Detailed Rules for the Implementation of the Patent Law, and is granted permission for filing, the CNIPA shall, after the implementation of the patent fee standards and payment reduction policies issued by the development and reform department of the State Council, the finance department and the CNIPA, implement a reduction in the payment of the patent annuity fee that has not expired from the date of filing of the contract during the implementation period of the patent open license in accordance with Section 8 of Chapter 11 of Part V of the Patent Examination Guidelines.

5. Review and notification If the patent open license statement meets the requirements after examination, the CNIPA shall issue a notice of approval of the announcement of the patent open license statement.

6. Registration and announcement Matters related to the declaration of patent open license shall be registered in the patent register and published in the patent gazette, including main classification number, patent number, open license declaration number, patentee, title of invention, filing date, date of grant announcement, payment method and standard of patent license royalties, patent license term, contact information of the patentee, effective date of the declaration of open license, etc.

7. Remedies If the patentee is not satisfied with the decision on whether to reduce the annual fee during the implementation period of the patent open license, the patentee may make a statement to the CNIPA, consult by telephone, or apply for administrative reconsideration.

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