Can a Licence for a Pending Chinese Patent Application Be Recorded?

Answer:

Yes. Applicants may complete recordal formalities for a licence contract concerning a pending patent application.

Rule 14 of the Implementing Regulations of the Patent Law requires a patent exploitation licence to be submitted for recordal to the State Council’s patent administration department within three months of taking effect. The effective date is not necessarily the signing date; it is the effective date expressly agreed in the contract.