Registration of the Pledge of Patent Rights
1. Service objects
Natural person, enterprise legal person, legal person of public institution, legal person of social organization, unincorporated enterprise, and administrative organ
2. Acceptance requirements
Complying with the relevant provisions of the Patent Law of the People's Republic of China, the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China, the Property Law, the Guidelines for Patent Examination, and the Measures for the Registration of a Pledge of Patent Rights
3. Service methods
Window application: No. 340, Shibo Village Road, Pudong New Area, Shanghai
Online application: http://cpservice.sipo.gov.cn
4. Relevant basis
Paragraph 3 of Article 14 of the Detailed Rules for the Implementation of the Patent Law: To pledge a patent right, the pledger and the pledgee shall jointly handle the registration of pledge at the administrative department for patent under the State Council.
According to the Property Law, to pledge a patent right, a written contract should be concluded. The patent pledge is established when the competent authority handles the pledge registration. The right of patent pledge shall be established after the competent department has registered the pledge. If the party fails to register the patent pledge, the pledgee’s right to seek preferred payments based on the real rights for security will not be guaranteed by law. Once the pledge of patent rights based on the principal debt contract relationship is established, the pledgee and the pledger shall jointly go through the pledge registration procedures.