Basic procedures for the change of patent applicants
The patent applicant or patentee shall fill in the Statement of Changing the Description Project and provide the certification materials for changing the description project. Project change documents and materials refer to:
(1) Where the rights of the applicant or patentee are transferred due to disputes over the ownership of the rights, and the inventor is changed due to disputes over the qualifications, if the disputes are resolved through consultation, an agreement on the transfer of rights signed or sealed by all parties shall be submitted; If the dispute is determined by a judgment of the people's court, it shall be submitted to a legally effective judgment of the people's court. After receiving the written judgment, the Patent Office shall notify other parties to inquire whether to file an appeal. If there is no reply or no appeal within the prescribed time limit (two months), the judgment will take legal effect; If a party files an appeal, it shall issue a notice of acceptance of the appeal, and the original judgment of the people's court will never take legal effect.
If the dispute is decided through mediation by the local intellectual property office (or the corresponding functional department), the Patent Office shall notify other parties to inquire whether to bring a lawsuit to the court after receiving the mediation decision; If there is no reply or prosecution within the prescribed time limit (two months), the mediation decision will take legal effect; If a lawsuit is filed, the parties concerned shall issue a notice of court acceptance, and the original mediation decision shall have no legal effect.
Frequently asked questions patent application process and expenses (2) If the patent applicant or patentee changes the patent applicant or patentee due to the request of right transfer or gift, the original or notarized copy of the transfer or gift contract must be submitted; When a contract is concluded by a legal person, it must be signed or sealed by the legal representative or authorized person, and stamped with the legal person's official seal or special seal for the contract; Submit notarized documents when necessary. When concluding a contract, a citizen shall sign or seal it; Submit notarized documents when necessary. Where there is more than one patent applicant or patentee, the certification materials that all the obligees agree to transfer or give shall be submitted.
Remind you that the transfer of patent application rights or patent rights involving overseas residents or legal persons shall comply with the following provisions:
1. If both the transferor and the transferee are overseas residents or legal persons, the original or notarized copy of the transfer contract signed by both parties must be submitted to the Patent Office;
2. If the transferor is a legal person or individual in Chinese mainland, and the transferee is an overseas resident or legal person, the approval document issued by the Foreign Economic Relations and Trade Department of the State Council in conjunction with the administrative department of science and technology of the State Council, as well as the original or notarized copy of the transfer contract signed by the transferor and the transferee;
3. If the transferor belongs to an overseas resident or legal person and the transferee belongs to a legal person or individual in Chinese mainland, the original notarized transfer contract signed by both parties shall be issued to the Patent Office;
4. The procedures for changing the above-mentioned patent application right or description items of patent right transfer must be handled by the applicant or patentee of the transferor or the patent agency entrusted by him.
The overseas residents or legal persons mentioned in 1-3 above refer to foreigners, foreign enterprises, Hong Kong, Macao and Taiwan residents or legal persons who have no habitual residence or business office in Chinese mainland; China residents or legal persons who have their habitual residence or business office in Chinese mainland may apply for patent application and patent transfer in accordance with regulations.
(3) If the applicant or the patentee is a legal person, a legally binding document must be issued for the change of the recorded items caused by its merger, reorganization, division, revocation, bankruptcy or restructuring.
(4) If the applicant or the patentee inherits due to death, it shall submit a certificate issued by a notary office that the relevant party is the only legal heir or that the relevant party has included all legal heirs. Unless otherwise specified, the * * * successor shall * * inherit the patent application right or patent right.
The above is "What is the change process of patent applicants?" How to choose a patent applicant for patent change? If you have any other questions, please visit Intellectual Property official website to consult our professional intellectual property consultant!
Patent change patent application process