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Audit and Registration of "Contract of Applying for Patented Technology Transfer", "Contract of Patent Application Right Transfer", "Contract of Patent Execution Permission", and "Contract of Patent Right Transfer"
(06/21/2005)

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.