CNIPA Unveils Draft Amendments to Patent Mortgage Registration Method for Comments – Intellectual Property

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China: CNIPA Announces Changes to Patent Mortgage Registration Methodology for Comments

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Announced on July 20, 2021, at https://lnkd.in/gF_9e6f

The deadline for submitting a comment is August 10, 2021 (Again, the deadline is very short. I got the message)

Patent mortgages in China are mainly used by Chinese organizations to obtain loans from Chinese banks (with strong government support). Such can not be used or even familiar with foreign companies. I have an article on this and the interested party can refer to this.

Compared to the existing method, the main changes are as follows:

  • Registration must be carried out by both the mortgagor and the mortgagee. (Article 3)
  • Registration can be submitted electronically. (Article 6)
  • Once both parties are informed and they have agreed, registration can continue even if the patent invalidation procedure has been initiated (but not yet resolved). (Article 12)
  • The patentee can check the registration documents of the patent mortgage if the patentee believes that the registration was made without the approval of the patentee. (Article 16, new).
  • CNIPA will notify the pledgee if the patent is invalidated, expired, expired due to non-payment of annual fees, or a title dispute arises. (Article 20).
  • Registration can be made on the basis of an informed commitment, that is, on the basis of good faith (Chinese term 告知 承诺. I understand that this may be wrong, and I will be grateful for any education). (Article 20, new)

The above changes seem reasonable to me, in particular Articles 12 and 20 that should have been made.

The content of this article is intended to provide general guidance on the subject. You should seek professional advice regarding your specific circumstances.

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