RECORDATION OF PATENT AS-SIGNMENT OR PATENT LI-CENSING

05/01/2001

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According to Article 59 (applicable to invention and new utility model patents) and Article 119 (applicably to new design patents) of the Patent Law, where a patent owner assign or license his patent to another person to practice, such as-signment or licensing arrangement should have no locus standi against third parties. On 28 March 2001, in response to an inquiry made by a concerned party, the IPO issued a letter advising as follows:

For a patent assignment or a patent licensing arrangement, recordation of such arrangement is not required for such arrangement to take legal effect. Such arrangement takes effect at the time when the parties reach an agreement. However, such arrangement should have no effect against third parties unless it is re-corded.

The co-called "recordation" should be based on the date on which the IPO allows the rec-ordation.