1. Registration method
There are two ways to register the patent register, one is registered by the China National Intellectual Property Administration Patent Office ex officio; The other is to register according to the request of the parties after they make a request.
The grant, license, invalidation, termination, restoration and compulsory license of the patent right shall be registered ex officio by the Patent Office of the International Intellectual Property Office.
The assignment and inheritance of the patent right and the change of the patentee's name and international address shall be registered in the patent register and announced in the patent bulletin after the patentee submits a statement on the change of the specification items and is approved by the China National Intellectual Property Administration Patent Office.
The items recorded or registered in the patent register are stored in the computer database, and the basic files for recording or registration are saved in the patent application file. When paper is needed, it will be generated by computer printing, and it will take effect after it is checked with the basic documents of the patent application documents, and the China National Intellectual Property Administration Patent Office will affix a special seal for patent registration.
2. The legal effect of the patent register
The Patent Law stipulates that the China National Intellectual Property Administration Patent Office shall register and announce the grant, license, invalidation, termination or compulsory license of the patent right; The transfer of the patent right shall not only enter into a written contract, but also take effect after being registered by the China National Intellectual Property Administration Patent Office.
Patent Register is a legal document specially used by China National Intellectual Property Administration Patent Office to register these patent procedures and changes in the legal status of patents. Like patent announcement, it is the most authoritative document to prove the change of patent legal status and the effectiveness of patent procedure. Because the patent bulletin publishes the changes of many patents in a week according to time, and the patent register records the history of legal status changes according to each patent, it is more convenient to know the legal status of a patent than the patent bulletin.
When the patent right is granted, the contents recorded in the patent register and the patent certificate are the same, so they have the same legal effect. However, after the patent right is granted, the change of the legal status of the patent is only recorded in the patent register. Therefore, the patent certificate can no longer be used as a legal proof of the validity of the patent right. The legal status of a patent shall be subject to the patent register.
3. Copy of patent registration
After applying for being granted a patent right, anyone can request the China National Intellectual Property Administration Patent Office to issue a copy of the patent register of the patent. If the father asks to publish the patent register, he should pay the fee (for each patent).
China National Intellectual Property Administration Patent Office will generate a copy of the patent register by computer after receiving the request and fee for issuing a copy of the patent register, and after checking with the patent application documents, affix the special seal for patent registration and send it to the requester.
A copy of the patent register can be used as an authoritative document to prove the legal status of patents in economic or legal affairs related to patents.