The revised version of the Measures for the Registration of a Pledge of Patent Rights was published on November 15th, 2021. The revised Measures have significant substantive changes relative to the original Measures and make some textual adjustments. The main articles are revised as follows:
Ⅰ Implementation of the pledge registration procedures by way of commitment
Clarify that the parties concerned may choose to pledge the patent rights for registration-related procedures in the form of commitment, the party submits the relevant commitment is not required to submit proof of identity, change certificate, cancellation certificate and other supporting materials. China National Intellectual Property Administration will strengthen the post-event supervision, fake commitments will be taken corresponding disciplinary measures for breach of trust in accordance with relevant provisions.
Ⅱ Reduction of non-registration cases
First, for the original Measures in the case of patent rights that have been started invalidation procedures may not be registered, changed to the party concerned was informed that still declares willing to accept the risk and continue to process the case, it will be allowed to register. Second, for the pledge contract agreed in the expiration of the debt performance period when the pledgee is not paid, the patent right returns to the pledgee, this circumstance will be allowed to register. Third, absorbed the well-established practice, for the request for pledge registration of utility model that the same creation has been applied for the invention patent on the same day, the party concerned was informed and still declares willing to accept the risk and continue to handle the case, it will be allowed to register.
Ⅲ Compression of registration review period
The review period of the China National Intellectual Property Administration for the pledge registration of patent rights is reduced from the original 7 working days to 5 working days, and the review period of online applications is further reduced to 2 working days.
Ⅳ Optimization of registration-related services
First is to expand the registration processing channels, clear that the parties concerned can apply online with the Internet to provide convenience for applicants. Second is to clearly specify the procedures and requirements for accessing or copying the registered materials of the pledge of patent rights, so as to facilitate the parties concerned to inquire about the documents related to the pledge registration. Third is for the pledge period of patent rights, new circumstances are added that the China National Intellectual Property Administration should promptly notify the pledgee, when the new patent ownership dispute occurs or when preservation measure is taken, so that the early warning information of possible loss of patent rights can be timely informed to the pledgee.
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Mr. Mike Chang (Partner)