What materials should be provided to retrieve patent transfer and license from abroad to China?

Just change the description of the patent right. If the transferor is an individual or unit in Chinese mainland and the transferee is a foreigner, foreign enterprise or other foreign organization, the technology export license or free export technology contract registration certificate issued by the competent commercial department and the transfer contract signed or sealed by both parties shall be presented. According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. There are only three stages in the examination and approval of utility model or design patent application, and there is no early publication and substantive examination. 1. Patent Application Acceptance Stage 1. 1 Patent Application Acceptance Authority According to the Patent Law, the Intellectual Property Office of the People's Republic of China accepts and examines patent applications and grants patent rights to inventions and creations that meet the statutory conditions. China National Intellectual Property Administration is the patent authority in China, and it is also the accepting authority that has the right to accept patent applications according to law. When applying for a patent, the applicant shall submit the application documents directly to the China National Intellectual Property Administration Acceptance Office. If the applicant submits the application documents to other organs, units or individuals by mistake, it will not have legal effect in the patent examination and approval procedure. China National Intellectual Property Administration has set up a patent acceptance office and a patent application acceptance window, and in Shenyang; China National Intellectual Property Administration has set up patent offices in Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin and Changchun to accept patent applications and other documents. The address and business scope of China National Intellectual Property Administration Acceptance Bureau and the above-mentioned patent agency shall be announced to the public by China National Intellectual Property Administration in the form of announcement. The national defense patent branch specializes in accepting national defense patent applications. 1.2 Submit application documents If you apply for a patent or go through other formalities in China National Intellectual Property Administration, you can submit the application documents or other documents directly to the application acceptance window in China National Intellectual Property Administration or any of the above patent offices, or you can mail them to the China National Intellectual Property Administration acceptance office or the above patent offices. The following matters should be noted when submitting documents: (1) When submitting application documents or documents of various formalities to China National Intellectual Property Administration, the format uniformly formulated by China National Intellectual Property Administration should be used, with the application documents in duplicate and the procedure documents in duplicate. (2) A form can only be used for one patent application. For example, an invention patent request can only fill in one invention, and a statement of opinions can only state opinions on a patent application. It is not allowed to fill in several application statements or inventions in an opinion statement or an invention patent request. (3) Applicants who submit all kinds of documents to China National Intellectual Property Administration should keep the manuscript, so as to ensure the consistency of document filling in the process of application approval, which can be used as a reference when replying to the review opinions. (4) If the application documents are sent by post, a registered letter shall be used. If you can't send it by registered mail, you can use express mail instead of parcel. In addition to indicating the detailed address (including postal code) of China National Intellectual Property Administration or the patent agency, the registered letter should also indicate the words "application document", "accepted by China National Intellectual Property Administration office" or "received by China National Intellectual Property Administration xx patent agency". The application documents should not be submitted by the courier company, and the application date should be based on the actual date when the China National Intellectual Property Administration courier company and the Patent Office received the application documents. The registered letter shall only contain the application documents or other documents of the same application. When mailing, the applicant should ask the post office staff to clear the postmark date and properly keep the registered receipt stub. (5) China National Intellectual Property Administration does not accept samples, samples or models when accepting patent applications. In the process of review, when the applicant submits a sample or model at the request of the examiner, if it is submitted in person at the China National Intellectual Property Administration window, it shall produce a notice of review opinions; If it is mailed, the words "submit the model at the request of examiner xxx (name)" should be written on the email. (6) When applying for a patent, a foreigner or foreign unit without a fixed residence or business office in China or a China resident or working abroad for a long time shall entrust the State Council to authorize a foreign-related patent agency designated by China National Intellectual Property Administration. The above applicants shall not directly mail or submit application documents to China National Intellectual Property Administration. Units or individuals from Hong Kong, Macao and Taiwan applying for patents shall also entrust foreign-related patent agencies or domestic patent agencies respectively in accordance with regulations, and shall not directly mail or submit application documents to China National Intellectual Property Administration. 1.3 Acceptance and acceptance conditions of patent applications When submitting a patent application to the China National Intellectual Property Administration Acceptance Bureau or the patent offices, it should first check whether it meets the acceptance conditions. For applications that meet the acceptance conditions, China National Intellectual Property Administration will determine the application date, give the application number, and after verifying the list of documents, issue an acceptance notice to inform the applicant and confirm the receipt of the application documents. In any of the following circumstances, China National Intellectual Property Administration will not accept the patent application, notify the applicant and return the application documents. (1) If the patent application is not filed in written form or written in Chinese, it will not be accepted. For example, it is not acceptable to submit a patent application by model, sample, video tape or telephone, nor can it be accepted by untranslated foreign language application documents. (2) The application documents (including the request) are not typed or printed, or the drawings or design pictures with blurred or altered handwriting are not drawn with drawing tools and black ink, or the handwriting is blurred (including design photos) or altered. For example, drawings and paintings drawn with pencils and blurred photos are not allowed. (3) The necessary application documents are incomplete, such as an application for a patent for invention or utility model lacking a request, a specification (the application for a patent for utility model lacks drawings), or any claim; Where an application for a patent for design lacks two kinds of requests: pictures or photographs, it shall not be accepted. For example, an application for a patent for utility model only submits the request, specification and claim, and it cannot be accepted without drawings. However, the examination of acceptance conditions only examines whether the carriers of these parts of the patent application are complete, not whether the documents of each part are complete. For example, the instructions should have 1~5 pages, and the applicant only submitted 1~3 pages and 5 pages, which can still be passed at the time of acceptance. The acceptance office only indicated in the list of documents that page 4 of the instruction was missing. However, this kind of defect is often irreparable, so the applicant must check it carefully when submitting the application documents. (4) If the name and address of the applicant are missing in the request, it cannot be accepted. For example, the format of the request is not standardized, only the name of the invention and the name of the inventor, but not the name and address of the applicant, so the patent application cannot be accepted because there is no applicant. (5) Where the category of the patent application (invention, utility model or design) is unclear or uncertain, it shall not be accepted. For example, the applicant submitted a request for a design patent, but did not submit pictures or photographs, but submitted instructions and drawings. Because the application for a patent for design does not need to submit instructions, it is impossible to determine what patent the applicant wants to apply for and what kind of patent application should be accepted and examined, so it can only be rejected. (six) nationals or units belonging to countries that have no agreements, treaty relations and patent reciprocity relations with China do not accept applications to China; Or foreigners or foreign units that have no habitual residence or business office in China, and units and individuals in Hong Kong, Macao and Taiwan that have not gone through the application procedures as required, cannot be accepted. For example, it is unacceptable for China residents in Hong Kong to send patent application documents directly from overseas to China National Intellectual Property Administration. Some defects in the application documents do not affect the acceptance. For example: ① The application documents should be typed or printed in white paper according to the required items, instead of the forms uniformly printed in China National Intellectual Property Administration; (2) The name of the invention and the name of the inventor are omitted from the request; (3) There is no signature in the request, or the signature has no legal effect, such as the signature of the patent agency, but the power of attorney of the patent agency is not submitted at the same time; (4) In addition to the request, a copy has been submitted in other application documents. The above defects can be corrected in the examination stage, but the applicant should try to avoid these defects, because the correction will often drag down the examination process. Problems that can be solved in a few minutes before application are often delayed for several months through correction. For the application documents submitted by the applicant personally to the reception desk or patent office in China National Intellectual Property Administration, the staff of the reception desk or patent office will examine whether the application meets the acceptance conditions at that time, and if it meets the acceptance conditions, the application will be accepted on the spot; Do not meet the acceptance conditions, China National Intellectual Property Administration will immediately return the application documents to the applicant, and explain the reasons for rejection. If you send the application documents to China National Intellectual Property Administration, you should receive the notification of acceptance or rejection and the returned application documents from China National Intellectual Property Administration within about 1 month. If China National Intellectual Property Administration's notice has not been received for more than 1 month, the applicant should check with the China National Intellectual Property Administration acceptance office in time to avoid the loss of application documents or notices in the mail. 1.4 There are two most important legal procedures in the process of determining the application date and giving the application number: one is to decide whether the application can be accepted, and the other is to determine the application date of the accepted application and give the application number. (1) The determination of the application date is of great legal significance: ① It determines the time for filing the application. According to the principle of first application, when there are applications with the same content, the order of application determines who will be granted the patent right; (2) it determines the starting point of the retrieval time of the existing technology, which is of great significance to determine whether the application can be patented during the examination; (3) The filing date is the starting point of a series of legal deadlines in the review procedure. According to the provisions of the Patent Law, if the applicant directly submits the application documents to the China National Intellectual Property Administration Acceptance Bureau or the patent agency, and the field examination meets the acceptance conditions, the filing date shall be the filing date. If the application documents mailed by the applicant meet the acceptance conditions, the mailing date shall be the application date. If the postmark date of the mail is unclear, the postmark date of the mail sent to China National Intellectual Property Administration shall be the application date. If the postal postmark is unclear, the date of receipt in China National Intellectual Property Administration shall be the application date. (2) Change of application date After the application date is determined, it cannot be changed casually. There are only two situations in which the application date can be changed: ① Because the postmark is unclear, China National Intellectual Property Administration takes the date of receipt as the application date, or the applicant thinks that the application date stipulated by China National Intellectual Property Administration is wrong, and the applicant can submit an opinion statement and provide the registered receipt or post office certificate for sending the application documents, requesting China National Intellectual Property Administration to correct it. China National Intellectual Property Administration can change the application date after verification. (2) For the patent application that has been submitted, if the applicant himself or after preliminary examination by China National Intellectual Property Administration finds that there are drawings in the specification, but in fact the drawings are not submitted or omitted, the drawings shall be submitted within the specified time limit. Where the drawings are submitted as required, the date of the last submission of the drawings for the application shall be the date of filing. If the application date changes, China National Intellectual Property Administration shall notify the applicant in time. (3) The application number is the code given to each accepted patent application by China National Intellectual Property Administration, which corresponds to the patent application one by one. Therefore, when the applicant goes through various formalities in China National Intellectual Property Administration after applying, the application number is the most effective means to indicate the application. Before June 65438+1 October1in 2003, the patent application number of China consisted of 9 digits (including characters). It is divided into four sections: for example, 97 10 1765.4. The first two parts indicate the year when the patent application was filed, such as "97" indicating 1997; The second paragraph consists of the third digit, indicating the type of patent application, and "1" indicates the invention ("2" indicates the utility model, "3" indicates the design, "8" indicates the invention patent application of PCT international application entering the national phase, "9" indicates the utility model patent application of PCT international application entering the national phase, and PCT international application has no design application); The third paragraph consists of the fourth to eighth digits, indicating the serial number of such applications in this year. For example, "0 1765" indicates 1765 applications in this year; The fourth paragraph consists of a number or symbol with the ninth place after the dot, which is the computer check bit, which can be any number between 0 and 9, and the character X*** 1 1, as in the example above. From 10, 1, in 2003, according to Announcement No.92 of China National Intellectual Property Administration, the application number of 13 digits (including the parity bit) was used, with the first four digits indicating the year and the fifth digit indicating the patent application type; The 6th ~ 12 digit Arabic numerals represent serial numbers, the 3rd 13 digit Arabic numerals represent check bits, and there is a solid dot between the 3rd12 digit Arabic numerals as a separator. China National Intellectual Property Administration shall record the determined application date and application number on the acceptance notice, and notify the applicant. 1.5 legal effect of acceptance notice and acceptance documents For applications that meet the acceptance conditions, the acceptance procedure ends with the acceptance notice issued by China National Intellectual Property Administration. The main contents and functions of the acceptance notice are: (1) formally confirming that the patent application submitted by the applicant meets the acceptance conditions and making an acceptance decision, so the acceptance notice can be used as proof of filing a patent application in China National Intellectual Property Administration. (2) Notify the applicant of the patent application of the application date determined by China National Intellectual Property Administration and the application number given. These two data are very important for the applicant's future procedures and will be used many times. Applicants should examine them carefully. For example, if you apply for an invention, you should check whether the application number belongs to the invention category. If China National Intellectual Property Administration gives the wrong utility model and design, you should ask China National Intellectual Property Administration for correction in time. (3) When China issued the acceptance notice, it was accompanied by a list of application documents verified by China National Intellectual Property Administration. This is the certificate submitted by the applicant to China National Intellectual Property Administration. Commitment is an important legal procedure. After the patent application is accepted, it will become a formal national application formally filed in China National Intellectual Property Administration from the date of acceptance, with at least the following legal effects: (1) After the application exists (that is, it has not been withdrawn, deemed to be withdrawn or rejected) or is made public, any applicant who applies for a patent for the same content after the filing date will be prevented from obtaining the patent right. (2) Regardless of the fate after the application is accepted, unless otherwise stipulated by law, the first application for inventions and utility models accepted within 12 months can be used as the basis for the applicant to claim foreign or domestic priority for another later application. Where a design applies to a foreign country for the same theme within six months, the application accepted for the first time can be used as the basis for applying for foreign priority. (3) the application documents of the application can be used as the basis for the applicant to obtain a copy of the application documents from the date of acceptance. The applicant may request China National Intellectual Property Administration to issue a copy of the application documents according to the prescribed procedures. (4) The application documents are the basis for the applicant to make amendments in the subsequent review procedures. That is, the applicant shall not modify the patent application beyond the scope recorded in the specification and claims at the time of acceptance, or beyond the scope of the design pictures or photos at the time of acceptance. 2. In the preliminary examination stage, if the patent application pays the application fee according to the regulations, it will automatically enter the preliminary examination stage. An application for a patent for invention shall be examined for confidentiality before the preliminary examination, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures. Applications for patents for utility models and designs shall also be given three months before the preliminary examination to actively modify the applications. Whether there are obvious defects in the application shall be examined in the preliminary examination procedure. It mainly includes examining whether the application content ① obviously violates national laws, social ethics or hinders public interests; (2) Whether it obviously belongs to the theme of not granting patent right; (3) Whether there is an obvious lack of technical content, which cannot constitute a technical scheme; (4) Whether there is obvious lack of oneness. The application for a patent for utility model and design also needs to be examined whether it is obviously the same as the approved patent and whether it is obviously not a new technical scheme or a new design. In the preliminary examination, it is also necessary to examine whether the application documents are complete and whether the format meets the requirements, such as: ① whether all kinds of documents adopt the unified format formulated by the Patent Office, and whether the writing of the application, the filling of the form or the drawing of the appended drawings meet the requirements stipulated in the implementation rules and review guidelines; ② Whether the certificates or attachments to be submitted are complete and have legal effect; Whether the instructions, claims, drawings, design drawings or photos meet the publishing requirements. In addition, the qualifications and application procedures of foreign applicants should be reviewed. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. Applications that are not answered within the time limit will be considered as withdrawn. If the defects are still not eliminated after the applicant answers, the application will be rejected. Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. If the application for a patent for utility model and design is rejected after preliminary examination, it will directly enter the authorization procedure. Because the invention has a follow-up procedure, the examination of the application content in the preliminary examination should be relatively loose. 3. Publication stage of an application for a patent for invention The application for a patent for invention enters the stage of waiting for publication after issuing the notice of preliminary examination. If the applicant requests to publish in advance, the application will immediately enter the preparation procedure for publication. After format review, editing and proofreading, computer processing, typesetting and printing, the instructions were published in the Patent Gazette about three months later. The application that has not announced the request in advance will not enter the publication preparation procedure until 15 months after the application date; The priority application (including foreign priority and domestic priority) shall enter the publication preparation procedure within 15 months from the priority date. After the application enters the publication preparation procedure, if the applicant requests to withdraw the patent application, the application will still be published in the patent gazette. After the publication of the application, the applicant has obtained the right of temporary protection, that is to say, from the date of publication of the application, the applicant can ask the unit or individual who implements the invention to pay the fee. After the application is released, the content recorded in the application becomes a part of the existing technology. The applicant must note that the publication number when the application is published in the patent gazette and the application number of the patent application are two different series. Applicants should use the application number instead of the publication number when going through various formalities with the Patent Office in the process of patent examination and approval, because all application documents of the Patent Office are arranged and managed according to the application number, and providing the application number is conducive to finding the application that needs to be processed quickly. At the same time, because the application number has a parity bit, in case the number provided by the applicant is wrong, it is convenient to find and handle it as soon as possible. If the applicant provides the publication number, the patent office must look it up through the comparison table to find the application to be processed, especially when the publication number provided by the applicant is wrong, it is generally difficult to find it before it causes consequences. 4. After the publication of the patent application in the substantive examination stage of the invention patent application, if the applicant has completed the substantive examination request procedure (making the substantive examination request and paying the substantive examination fee), the application will enter the substantive examination procedure; Otherwise, we should wait for the applicant to actually review the request procedure. If, after three years from the date of application, the applicant fails to make a request for actual trial or the request for actual trial does not take effect, the application shall be deemed to have been withdrawn. Applications entering the actual trial procedure will be queued for the actual trial in the order of entering the actual trial procedure. In the actual trial, the examiner will, on the basis of retrieval, conduct a comprehensive review of whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law. If it is found that it is unqualified or has various defects after examination, it shall notify the applicant to state his opinions or make amendments within the specified time (usually 4 months for the first time). If the applicant fails to reply within the time limit, the application shall be deemed to be withdrawn. After at least one reply or amendment, it still does not meet the requirements, and the application is rejected. Due to the complexity of the actual trial, the review period is generally 1 year or longer. If it is not authorized within 2 years from the date of application, the application maintenance fee shall be paid every year from the third year. Overdue payment or insufficient payment of fees shall be deemed as withdrawal of the application. If the application for a patent for invention finds no reason for rejection in the substantive examination, or the defects have been eliminated after the applicant modifies the statement, the examiner will issue a notice of authorization, and the application will enter the stage of authorization preparation as required. 5. In the authorization stage, the application for a patent for utility model and design has been preliminarily examined, and if the application for a patent for invention has not found any reasons for rejection after substantive examination, the examiner shall make a notice of authorization and apply for authorization registration. After the authorized examiner rechecks the legal effect and completeness of the authorized text and proofreads and modifies the description items of the patent application, the Patent Office will issue a notice of authorization and a notice of registration procedures. After receiving the authorization notice and registration notice, the applicant shall register in accordance with the requirements of the notice within 2 months and pay the prescribed fees. If the registration formalities are overdue and the prescribed fees are paid, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the patent gazette two months later. The patent right shall take effect from the date of issuance of the patent certificate.