Patent licensing contracts shall be filed in China National Intellectual Property Administration, and the licensing type shall be general licensing. It is necessary to submit the original license agreement, fill in the application form for the record of license contract, and copy the relevant supporting documents of licensor and licensee.
The second question is, how does the patent law stipulate patent licensing?
The "measures for the administration of patent contract filing in China National Intellectual Property Administration" are as follows:
Article 4 The transferor shall be a legal patentee or patent applicant or other obligee.
If a patent or patent application has more than two patentees or patent applicants, the transferor shall be all patentees or patent applicants.
Article 5. The parties concerned shall go through the filing formalities within 3 months from the effective date of the patent contract.
Article 6. If the transferee of a registered patent licensing contract has evidence to prove that others are committing or will commit acts of infringing on his patent right, and his legal rights and interests will be irretrievably damaged if not stopped in time, he may apply to the people's court for ordering the respondent to stop the acts of infringing on the patent right before bringing a lawsuit.
The assignee of a patent exclusive license contract may apply to the people's court separately according to law; If the patentee does not apply, the assignee of the patent exclusive license contract may apply.
The assignee of a patent contract that has been filed may, in accordance with the provisions of Article 57 of the Patent Law, request the local filing administration department to handle the ongoing or existing patent infringement.
The third question is, is it inappropriate to disclose the patent without authorization?
According to the provisions of Article 34 of China's Patent Law, after receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it meets the requirements, and shall publish it 18 months after the date of application. The applicant may apply for early disclosure.
Disclosure of the contents of the application documents in advance may harm the interests of the applicant. For example, after applying for a patent for invention, the applicant may withdraw his patent application for some reason. There is a great difference between published and unpublished patent applications that have been withdrawn. If the application content is not made public, after the applicant withdraws the patent application, the technology can still be owned by him as a technical secret, and he can re-apply for a patent and obtain a patent right in the future; If the application content has been published, it means that the technology has entered the well-known technical field, and the applicant can no longer obtain patent protection for the same content. Applicants often hope that this disclosure will take place later, so as to have more time to finally decide whether to disclose their technology or prepare for it.
The fourth question is the priority statement of applying for an international patent.
The priority of international patent application means that a patent applicant files a patent application in China within 12 months from the date of filing a patent application for the same invention or utility model for the first time in a foreign country, or within 6 months from the date of filing a patent application for the same design for the first time in a foreign country in China, which is the priority date. Applicable to member States of the Paris Convention.
At the same time, we can consider applying for PCT for this patent, and extend the priority time of this patent to 30 months, and the time of individual countries can be extended to 365,438+0 months or 32 months.
Answers to supplementary questions:
Priority refers to the original text that the patent applicant can claim and submit the priority when applying for the same invention or utility model to other Paris Convention member countries within 12 months from the date of filing the patent application for the first time abroad. You can apply for priority documents from China National Intellectual Property Administration, and a priority certificate can be issued within 5 working days after the application. The priority date is the date when the patent application was first filed in China. For example:
Patent A was filed on February 30th, 2008. Before February 30, 2009, when other Paris Convention member countries apply for the same patent, for example, on August 27, 2009, they can claim priority. Then the application time for that country is June 30, 2008. In any case, the priority time is 12 months.
Replenish the reply again:
Is the protection of patent right in place in China at present?
At present, patent protection is mainly solved through litigation.
Why do you hear that many patentees have bad rights protection experience?
Patent rights protection is relatively procedural, but the success of the court's judgment does not make the obligee happy with the success of rights protection. The execution of the court is a key link, especially in different places, and the issue of local protection cannot be avoided. This has caused most right holders to seriously sue the infringement and turn a blind eye when the infringement can not pose a great threat for the time being.
Need to apply for utility model and invention patent at the same time.
According to the actual situation, this problem conflicts with the previous "domestic patent priority". Some applicants may have applied for utility model or invention patent for the same invention in China, or submitted two patent applications in succession. At this time, only the patent application filed for the first time in China can be used as the basis of priority, and domestic priority can be claimed, but not the second or third patent application. Unless a new technical scheme or technical feature is added in the second or third application, domestic priority can be claimed for the newly added technical feature in the subsequent application.