Measures for the Registration of Pledge of Patent Rights
Measures for the Registration of Pledge of Patent Rights
Measures for the Registration of Pledge of Patent Rights
Order of the State Intellectual Property Office No. 56
August 26, 2010
The Measures for the Registration of Pledge of Patent Rights deliberated and adopted at the executive meeting of the State Intellectual Property Office are hereby promulgated and shall come into effect as of October 1, 2010
Director of the State Intellectual Property Office: Tian Lipu
Measures for the Registration of Pledge of Patent Rights
Article 1 For the purpose of promoting patent utilization and financing, safeguarding the realization of obligatory rights and standardizing the registration of pledge of patent rights, these Measures are enacted pursuant to the Real Rights Law of the People's Republic of China, the Security Law of the People's Republic of China, the Patent Law of the People's Republic of China and other relevant regulations.
Article 2 The State Intellectual Property Office shall be responsible for the registration of pledge of patent rights.
Article 3 Where a patent right is pledged, the pledgor and pledgee shall conclude a pledge contract in writing.
The pledge contract may either be a standalone contract or the guarantee clauses of a master contract.
Article 4 Where a co-owned patent right is pledged, consent from other co-owners shall be obtained unless otherwise agreed by all co-owners.
Article 5 Where foreigners, foreign enterprises or other foreign organizations without permanent domicile or business establishment in China go through the registration procedure for the pledge of patent rights, they shall entrust a legally established patent agency to handle such matters.
Where Chinese entities or individuals go through the registration procedure for the pledge of patent rights, they may entrust a legally established patent agency to handle such matters.
Article 6 The parties concerned may go through the registration procedure for the pledge of patent rights by means of post or direct delivery.
Article 7 When an application for the registration of pledge of patent rights is made, the party concerned shall submit the following documents to the State Intellectual Property Office:
1.
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