Patent Office of the State Intellectual Property Office.

According to the laws of our country, when a patent right is pledged, the pledger and the pledgee shall enter into a written contract and go through the patent pledge registration procedures with the Patent Office of the State Intellectual Property Office. It is established on the date of registration of patent right pledge.

The pledge contract can be a separate contract or a guarantee clause in the main contract. A patent pledge contract generally includes the following contents:

(1) Name and address of the parties involved;

(2) Type and amount of the guaranteed creditor's rights;

< p>(3) The time limit for the debtor to perform its debt;

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

(5) Scope of pledge guarantee; selection of agreed matters;

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

(7) Transfer and implementation of the patent right during the pledge period Licensing;

(8) Handling when the patent right is declared invalid or the ownership of the patent right changes during the pledge period;

(9) Delivery of relevant technical data when the pledge is realized.

Go through the patent pledge registration procedures with the Patent Office

Patent pledge registration procedures should be handled with the Patent Office. The patent pledge right is established from the date of patent pledge registration.

To handle patent pledge registration procedures with the Patent Office, you generally need to provide the following materials: application form for registration of patent pledge contract; main contract and patent pledge contract; identity certificate of the pledger; certificate of validity of the patent right ; Implementation and licensing status before the patent rights are pledged.

The State Intellectual Property Office will review and decide whether to register the patent right pledge registration application within 7 working days from the date of receipt; if the pledge application documents submitted by the party are defective, the review and approval time limit shall be from the party The calculation starts from the date when all defects are overcome; regardless of whether it is registered or not, the Patent Office will notify the party concerned of the examination results in the form of a "Notice".

Common situations where registration is not allowed

Patent right pledge is similar to trademark pledge. If the pledge is successful, there will naturally be situations where registration is not allowed. The following are 10 common situations. Circumstances in which registration will not be granted:

1. The pledger is inconsistent with the patentee recorded in the patent registration book;

2. If the pledger claims that *** has the patent right, the pledger has not Obtain the consent of the patent owner;

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

4. The invalidation procedure has been initiated for the patent right;

< p>5. The patent right is partially invalid, and a statement of informed consent from the pledgee needs to be submitted;

6. The patent right is in the annual fee payment lag period;

7. Ownership of the patent right If a dispute occurs or the people's court rules to take preservation measures for the patent right, the pledge procedures will be suspended;

8. The debtor's debt performance period exceeds the validity period of the patent right;

9. It is stipulated in the contract If the pledgee has not been paid off at the expiration of the debt performance period, the patent right shall belong to the pledgee;

10. The same patent right is pledged repeatedly.

Exercise of patent rights during the pledge period

The pledger shall not give up the patent rights without the consent of the pledgee; the pledger shall not transfer or license the implementation of the patent rights without the consent of the pledgee. Patent rights; if the patent is licensed or transferred with the consent of the pledgee, the license fee or transfer fee earned by the pledger shall be paid off the debt in advance or deposited with the pledgee.

Legal Basis

"Measures for the Registration of Patent Right Pledge"

Article 15 During the period of patent right pledge, the pledger fails to submit the pledgee's consent to its surrender If there are no supporting materials for the patent right, the State Intellectual Property Office will not handle the procedures for surrendering the patent right.

Article 16 During the pledge period of the patent right, if the pledger fails to submit proof that the pledgee agrees to transfer or license the patent right, the State Intellectual Property Office will not handle the patent transfer registration procedures or Patent implementation contract filing procedures.