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HOME > PRACTICES > PATENT > MAINLAND CHINA > LICENSE
LICENSE

lRequirements

 

(1) Recordal Application Form

(2) The counterpart of License Contract

(3) Photography of Patent Certificate or Notice of Allowance of Patent Application.

(4) The Identity Certificate of Assignee and Assignor

(5) Power of Attorney

(6) Other required documents

 

lThe legal basis

 

According to Article 12 of Chinese Patent Law "Any entity or individual exploiting the patent of another shall conclude with the patentee a written license contract for exploitation and pay the patentee a fee for the exploitation of the patent. The licensee has no right to authorize any entity or individual, other than that referred to in the contract for exploitation, to exploit the patent."

 

According to Article 13 of Chinese Patent Law "After the publication of the application for a patent for invention, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee."

 

According to Article 14 of Chinese Patent Law "Where any patent for invention, belonging to any state-owned enterprise or institution, is of great significance to the interest of the State or to the public interest, the competent departments concerned under the State Council and the people's governments of provinces, autonomous regions or municipalities directly under the Central Government may, after approval by the State Council, decide that the patented invention be spread and applied within the approved limits, and allow designated entities to exploit that invention. The exploiting entity shall, according to the regulations of the State, pay a fee for exploitation to the patentee. "