How to apply for extension of Beijing patent authorization? Patented technology itself has the characteristics of gradually losing property value with the passage of time and the improvement of technical level. The long-term monopoly of patent rights is not conducive to the progress of science and technology in the whole society and the development of the industry. How to apply for extension of Beijing patent authorization?
How to apply for authorization extension of Beijing patent 1 patent term refers to the expiration and termination time of the legal term of patent right stipulated in the patent law. From the date of authorization announcement to the date of expiration of the patent right, the patent right shall be protected by law. According to the provisions of Article 42 of the Patent Law, the term of patent right is calculated from the date of application, and the term of invention patent is 20 years; The term of utility model patent and design patent is 10 year.
At present, few patents will be used for expiration. Generally, some improvements will be made later to achieve better results. Subsequent improvements will apply for new patents. Let this technology continue. If it is a basic patent. Is it really 10 or 20 years? It will enter the public domain for free use by people all over the world.
Therefore, the patent is actually in the right period of patent application, and it is reasonable to say that the patent has basically been well utilized and brought corresponding economic benefits. After all, the patent term is 10 years and 20 years, so the length of time is enough, and each product has a shelf life and a weak period. Basically, it is possible that it will have no use value after it expires. So you can't apply for renewal when the patent expires.
Reasons for specifying the patent term
In view of the fact that patent right is an intangible property right, which is different from ordinary property right, there is no problem of natural termination of rights due to the disappearance of objects. Therefore, the patent laws of various countries stipulate the term of patent right for the following reasons:
1, patented technology itself has the characteristics of gradually losing property value with the passage of time and the improvement of technical level;
2. Patents have been monopolized for a long time, which is not conducive to the progress of science and technology and the development of the industry as a whole.
How to apply for patent extension in Beijing? Where do two people apply for a patent?
Route 1: Applicants apply by themselves (submit application documents to the Patent Office or local agency and pay relevant fees);
Path 2: Entrust a patent agency to apply.
Generally, professional organizations should be entrusted to avoid the reduction of authorization rate or improper protection scope due to insufficient understanding of relevant legal knowledge or related procedures.
China National Intellectual Property Administration is the only institution in China that has the right to accept patent applications. China National Intellectual Property Administration has representative offices in 28 cities across the country, accepting patent application documents and charging various patent fees.
Second, the application documents
The legal documents submitted when applying for a patent must be in written form and filled in according to the prescribed unified format. To apply for different types of patents, you need to prepare different documents.
(1) To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with the attached drawings of the specification when necessary), the patent claim, the abstract and the attached drawings (with the attached drawings of the specification) in duplicate.
(2) To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings in duplicate.
(3) Where an application for a design is filed, the application documents shall include: a request for a patent for design, and a picture or photograph in duplicate. Where color protection is required, a color and a black-and-white picture or photograph shall also be submitted. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
(4) Where a company applies for a patent, the application documents shall include a copy of the business license of the enterprise as a legal person and the organization code certificate (with official seal) in duplicate, and the inventor's ID number shall also be submitted in duplicate. Address, postal code, telephone number and other means of communication.
(5) Where an individual applies for a patent, the application documents shall include two copies of the identity cards of the applicant and the inventor, and the address, postal code and telephone number of the application shall also be submitted.
How to apply for extension of Beijing patent authorization 3 Beijing patent application process is as follows:
1, write application documents
The application documents include: the specification (if there are drawings in the specification, the drawings of the specification shall be submitted), the claim and the abstract (if necessary, the drawings of the abstract shall be attached) in duplicate.
2. Submit a patent application to the Patent Office.
The documents include: the request for invention patent, the abstract of the specification (if necessary, submit the appended drawings of the abstract), the patent right and the specification (if necessary, submit the appended drawings of the specification).
Submission method: submit the patent application electronically or in writing.
(1) To apply for a patent in the form of an electronic document, the electronic applicant shall be registered in advance, and the application documents and other documents shall be submitted to the Patent Office through the patent electronic application system of the Patent Office.
(2) To apply for a patent in written form, you can submit the application documents and other documents to the Patent Office's acceptance window or to the China National Intellectual Property Administration Patent Office's acceptance office (hereinafter referred to as the Patent Office's acceptance office), or you can personally submit them to the local patent office's acceptance window or send them to the China National Intellectual Property Administration Patent Office's agency.
3. Accept and pay the application fee
After receiving the application documents, the Patent Office will issue a notice of patent acceptance and a notice of application fee payment. After receiving the notice, the applicant shall pay the application fee according to the requirements of the notice.
Payment method: the payer can pay the patent fee directly to the Patent Office or its agency.
4. The preliminary announcement enters the actual review.
The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 18 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure.
For the invention patent entering the substantive examination stage, whether the patent application has the substantive conditions stipulated in the patent law such as novelty, creativity and practicality will be comprehensively examined during the actual examination.
5, issued a notice of review opinions and the applicant's reply.
After substantive examination, if it is found that it does not meet the authorization conditions or there are various defects, a notice of examination opinions shall be issued to inform the applicant to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected.
6. authorize, pay the annual printing fee and issue a power of attorney.
If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required. The Patent Office issues authorization notice and registration notice.
The applicant shall go through the registration formalities in accordance with the notification requirements and pay the prescribed fees within 2 months. If the applicant goes through the registration formalities on schedule, the Patent Office will grant the patent right and issue a patent certificate, which will be recorded in the patent register and announced in the patent gazette two months later. Failure to go through the registration formalities in accordance with the provisions shall be regarded as giving up the right to obtain the patent right.