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ARTICLE · 02 NOVEMBER 2022

Necessary Preparation Before Registering A License Contract At The CNIPA

Kangxin
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In accordance with paragraph 2, Article 14 of the Rules for the Implementation of the Patent Law of the People's Republic of China, any license contract for exploitation of a patent which has been concluded by the patentee with an entity.

ChinaIntellectual Property
Ji Yating
Ji Yating
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In accordance with paragraph 2, Article 14 of the Rules for the Implementation of the Patent Law of the People's Republic of China, any license contract for exploitation of a patent which has been concluded by the patentee with an entity or individual shall, within three months from the date of entry into force of the contact, be submitted to the patent administration department under the State Council for the record.

Although this procedure is not mandatory at the CNIPA, it may be necessary to register the license contract at the CNIPA due to the following reasons:

Confronting a bona fide third party

Evidential effect

Reference standard for amount for tort compensation

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