Patent application is a necessary procedure for obtaining patent right. To obtain a patent right, the applicant shall file an application with the State Patent Office, which shall approve and issue a certificate.
1. What should I do if I want to increase the number of applicants after receiving the notification of patent application acceptance?
In fact, as long as you haven't decided on a patent and just got the notification of patent application acceptance, you can add more applicants because you can apply for change.
However, due to the different situations in practice, it is suggested that you consult the relevant departments such as the Intellectual Property Office or professional lawyers of intellectual property before handling.
Generally speaking, when changing the patentee, you must first fill in the Declaration Form for the Change of Descriptions and provide the certification materials for the change of Descriptions.
Second, the project change certification documents
1. If a dispute over the ownership of the rights leads to the transfer of the rights of the applicant or the patentee or the change of the inventor's qualification, if the dispute is resolved through consultation, a rights transfer agreement 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 judgment, the Patent Office will notify other parties to inquire whether to file an appeal. If there is no reply or 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 judgment of the original people's court shall have no 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.
2. Where the patent applicant or patentee requests to change the patent applicant or patentee because of the 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, stamped with the official seal or special seal of the legal person, and notarized documents must be submitted when necessary.
3. If the applicant or patentee is a legal person, a legally binding document must be issued for the explanation of project changes caused by its merger, reorganization, division, revocation, bankruptcy or restructuring.
4. If the applicant or patentee inherits due to death, it is necessary to submit the certificate issued by the notary office that the party concerned is the only legal heir or that the party concerned has included all legal heirs.
legal ground
patent law of the people's republic of china
Article 41 If an applicant for a patent refuses to accept the decision of the patent administration department in the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination from the patent administration department in the State Council. After the review, the patent administration department in the State Council shall make a decision and notify the patent applicant.
If the patent applicant refuses to accept the reexamination decision of the patent administrative department of the State Council, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.