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Authority: Plan & Development Office of Shanghai Municipal IPR
Bureau Application procedures: The following materials shall be prepared and
submitted to apply for the contract authentication and registration: 1. The
Paper-based Contract of Patented Technology that Shanghai Municipal Bureau of
IPR prints in standard format, in 5 copies; 1 copy of the patent application
documents (including the Letter of Specification, the Letter of Right Claim, the
attached drawings and abstract of the Letter of Specification); 2. 1 copy of
the Certificate of Patent if the patent has been granted; 3. 1 copy of the
Notice of Patent Application Acceptance if the patent application has been
accepted; 4. 1 copy of the "Declare Letter of Changing the Right Transfer
Item Record" that signed and sealed by the parties, in case of authenticating or
registering the Contract of Patent Right Transfer or the Contract of Patent
Application Right Transfer; 5. If the transferor is a working employee but
not the holder of job-related patent (or the applier of patent), he shall handle
the registration procedures with his permanent residence certificate, and shall
submit the letter that his working unit provides to prove the patent is not
related to his job, unless the patent has been granted for more than 2
years. 6. If the intermediate institution is entrusted to handle the
registration procedures, he shall present the institution's Certificate of
Technology Company or the Certificate of Technology Agent. If the registration
office requires, the transferor shall handle the registration procedures by
himself. Handling procedures: 1. The contract authentication or
registration shall be reviewed within a week after acceptance. Decision of
accepting or rejecting registration shall be made within 2 weeks after
acceptance for those contracts of big money object or with ambiguities to be
further investigated and checked. 2. If the contract is reviewed and found to
include both the technical and the economic issues, the applier shall divide the
content definitely and remake a contract with respect to the technical issues
herein, and handle the authentication and registration procedures again. 3.
The contract is not qualified for authentication or registration if it's
reviewed and found to be one of the following cases: 1) It's an invalid
contract defined in Clause 52 of "Laws of Contract of P. R. China"; 2)
Controversies have arisen to, and the patent administration or the court is
hearing the ownership of patent right or patent application right related to the
contract; the Patent Office of State IPR Bureau has accepted the disputes
arising to the patent application; 3) The contract is found by the
authenticator that the object is not well defined or the major clauses don't
comply with the regulations in "Laws of Contract of P. R. China", and is not
properly changed or amended as per required; 4) The contract carrier is
disqualified legally; 5) The contract price or using charge is unfair
observably; 6) The patent right related to the contract is expired or
invalidated, or the patent application is rejected or regarded as
withdrawal; 7) The submitted stuffs don't comply with the regulations. 4.
If the party disagrees with the decision of rejecting registration made by the
registration office, he may apply for review to Shanghai Municipal Office of
Technical Market Administration within a week after receiving the notice of
decision. 5. To get the approval of service invention and patented technology
transfer charge and reward to the related inventor or designer, the transferring
party shall submit the certificate of contract registration, and the auditing
report that its finance division makes to state the cost and expense related to
the transferred technology, to the registration office for confirmation of the
net technical incomes and signature of "Shanghai Municipal Approval of Technical
Trade Reward".
7. To handle the review of non-service invention and patented technology
transfer charge, the transferring party or the entrusted agent shall submit the
certificate of contract registration, and the acceptance certificate (including
the acceptance certificate of delivered technical documents, the technical
performance certificate that the sample product complies with the contracted
standard, or the authentication materials) that the transferred party provides,
to the registration office for review and signature of "Shanghai Municipal
Approval of Technical Trade Reward".
Charge standard and basis: According to "Reply to How to Adjust the Technical
Contract Authentication and Registration Charge Standard" made by Shanghai
Municipal Bureau of Price (H.J.F. (1995) NO.133) and Shanghai Municipal Bureau
of Treasury (H.C.Z. (1995) NO.45), the charge standard is as following: 1.
RMB20 per item, in the case that the deal price of technical contract is less
than (or equal to) RMB100K. 2. RMB40 per item, in the case that the deal
price of technical contract is between RMB100K to (or equal to) RMB200K. 3.
RMB60 per item, in the case that the deal price of technical contract is between
RMB200K to (or equal to) RMB500K. 4. RMB100 per item, in the case that the
deal price of technical contract is between RMB500K to (or equal to)
RMB1M. 5. RMB200 per item, in the case that the deal price of technical
contract is more than RMB1M. 6. RMB50 per item, in the case that the deal
price of technical contract is not well defined. Submit to: Shanghai
Municipal Bureau of IPR Handling address: 9th Floor, south wing of No.333,
North Chengdu Rd.
audituser: Handling basis: "Notice of Printing 'Procedures of Technical
Contract Authentication, Registration and Management'" by the Ministry of
Science and Technology, the Ministry of Treasury, and the State Taxation Bureau
[G.K.F.Z.Z. (2000) NO.063]. Tel: 52981580, 52980380
Homepage: Handling time: Handling deadline: The transferring part or
the entrusted agent shall handle the authentication and registration procedures
within a month after signing the contract of patented technology. Applier
qualification: All the units located in Shanghai or the persons with registered
permanent residence of Shanghai that hold the valid notice of patented
technology acceptance or the valid certificate of patent by the Patent Office of
State IPR Bureau.
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