Practical Guidance On License Agreement Recordal At SIPO

Along with the rapid growth of the Chinese patent filings, attention is to be focused on how to exploit the patent right in order to realize its utmost value in business. In the recent years, the Chinese government enacted and renewed the Laws and Regulations in succession, in order to propel the commercialization of the scientific and technological achievements and boost the economy in China. As one of the most-frequently used methods to enforce the Chinese patent rights, patent licensing in China is becoming more and more active in the business operations.

In order to protect a patent right, regulate the license acts and promote the proper usage of the patent right, the State Intellectual Property Office of China (i.e. the "SIPO") enacted, under the Chinese Patent Law and Contract Law, and released the Administrative Measures for Recording a License Agreement ("Measures"), which took effect as of August 1, 2011. According to the Measures, the patent owners could