Announced on 20 Jul 2021, at https://lnkd.in/gF_9e6f
Deadline to submit comment is 10 Aug 2021 (Again, a very short deadline is set. I got the message behind)
Patent mortgage in China is mainly used by Chinese entities to obtain loans from Chinese banks (with strong encouragements from the government). Such may not be used or even familiar with foreign companies. I have an article on this, and interested party could refer to this.
Comparing to the existing method, the following are the major changes:
- Both mortgagor and mortgagee should do the registration. (Article 3)
- Registration could be submitted electronically. (Article 6)
- After both parties are informed, and they have agreed, registration could proceed even if invalidation proceeding has been started against the patent (but not yet decided). (Article 12)
- Patentee could check patent mortgage registration documents if the patentee believes that the registration was done without the patentee's approval. (Article 16, new).
- CNIPA would notify the mortgagee if the patent is invalidated, has expired, has lapsed due to non-payment of annual fees, or is subject to ownership dispute. (Article 20).
- Registration could be proceed on informed commitment , i.e. based on good faith (the Chinese term is 告知承诺. My understanding may be wrong, and will be grateful for any education). (Article 20, new)
The above changes seem reasonable to me, in particular Articles 12 and 20, which should have been done.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
