Name of the certificate: utility model patent certificate. On the left side of the header of the text, the name, inventor, patent number, patent application date, patentee, address, authorization announcement date and authorization announcement number of the utility model shall be stated.
1. After preliminary examination in accordance with the Patent Law of People's Republic of China (PRC), China National Intellectual Property Administration decided to grant a patent right, issue a patent certificate for utility model and register it in the patent register.
Senior Minister's Intellectual Property Tip: The utility model patent has only been preliminarily examined by the China National Intellectual Property Administration Patent Office, and it is necessary to apply for a patent evaluation report when formally defending rights, otherwise the complaints and court proceedings of the e-commerce platform may not be accepted.
Second, the patent right shall take effect from the date of authorization announcement. The term of the patent right is ten years, counting from the date of application.
Senior minister's explanation on intellectual property rights: the patent right will take effect from the date of authorization announcement. In fact, the patentee can only defend the patent right after obtaining the patent certificate, but not before issuing the certificate, because it is uncertain whether to grant the patent right to the applicant at this time.
However, since the starting date of the patent right is the patent application date, this means that although the patent has not been certified, the patentee can obtain evidence first and then defend his rights after the patent is issued.
Third, the patent certificate records the legal status of patent registration. The transfer, pledge, invalidation, termination and restoration of the patent right and the change of the name, nationality and address of the patentee are recorded in the patent register.
Senior Minister's Intellectual Property Tip: The utility model patent certificate and the copy of the patent register are not the same thing, but two different legal documents. If you want to know the current detailed information of the patent, you can apply to the China National Intellectual Property Administration Patent Office for a copy of the patent register.
Finally, the senior minister's intellectual property reminds us that the utility model patent only protects the shape and structure of the product, or the new technical scheme put forward by combining the two is suitable for practical use. The utility model particularly does not protect methods and algorithms. Common mistakes, such as: when the applicant applies for a utility model, the examiner will issue inconsistent review opinions, and the final result is generally to reject the application.