1, non-service invention-creation, the right to apply for a patent for invention belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
2. The right to apply for a patent for a service invention-creation belongs to the entity; After the application is approved, the entity shall be the patentee.
3, the use of the material and technical conditions of the unit to complete the invention-creation, the unit and the inventor or designer have a contract agreement on the right to apply for a patent and the ownership of the patent right, from its agreement.
4. For inventions and creations completed by two or more units or individuals, the right to apply for a patent belongs to the person who completed them or the unit or individual who completed them together.
Unless otherwise agreed by the parties, the right to apply for a patent for the invention-creation entrusted for development belongs to the research developer. If the research developer obtains a patent, the client can exploit the patent for free.
Application process and conditions of invention patent II
What many people may not know is that the same invention can only be granted a patent right! For example, if a person applies for both an invention patent and a utility model patent for his invention-creation, the utility model patent shall be granted in priority according to the time of patent application. If he wants to apply for invention patent authorization, he can only apply for abandoning the utility model patent first.
And if two people apply for a patent for the same invention, then according to the provisions of the patent law, the patent right will be granted to the first applicant.
According to statistics, the authorization rate of invention patents in China is only about 50%, which is risky. To obtain the authorization of invention patent, the inventor needs to apply to the Patent Office on his own initiative, and can only be authorized after the examination of novelty, creativity and practicality. Moreover, it is necessary to go through the registration formalities on schedule and pay the annual fee before the patent right is valid.
According to the provisions of the Patent Law, the examination and approval procedures of the application process for a patent for invention are divided into five stages: acceptance, preliminary examination, publication, substantive examination and authorization:
(1) Acceptance stage: The Patent Office receives the application documents for the invention patent submitted by the applicant, preliminarily determines whether it meets the application conditions for the invention patent, then determines the application date and application number, and informs the applicant.
At this stage, we should pay attention to: do not alter the application documents, ensure that the handwriting is clear, the pictures are clearly displayed, the name and address of the applicant in the request are detailed, and the patent names among the documents are consistent. Pay the application fee in time after receiving the admission notice, and pay the fee before entering the next stage.
Application process and conditions of invention patent 3
(2) Preliminary review stage
At this point, the need for confidentiality can be handled according to confidentiality procedures. This stage mainly examines whether the invention-creation conforms to the scope of authorization, whether it lacks uniformity, whether it belongs to the technical scheme, and whether it is the same as the authorized patent.
Attention should be paid at this stage: scientific discovery; Rules and methods of intellectual activities; Diagnosis and treatment of diseases; Animal and plant varieties; Substances obtained by nuclear transformation; Mainly used as the design of the logo of the pattern, color or the combination of the two in plane printed matter. None of these contents can be patented, so you should pay attention to the distinction first.
The information in the request for a patent for invention, the specification (if there are drawings in the specification, the drawings of the specification shall be submitted), the patent claim and the abstract shall be complete. At this stage, we should also actively respond to the supplementary notice or statement from the Patent Office.
(iii) Publication stage
If it is made public in advance, the application will immediately enter the public preparation procedure; Otherwise, 18 months from the date of application, at which time the applicant enjoys the right of temporary patent protection.
(iv) Substantive review stage
To conduct a comprehensive review of whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law.
At this stage, it should be noted that: (1) the applicant should take the initiative to submit substantive examination within three years from the determined application date; (2) If you fail the exam temporarily, you should be fully prepared to state your opinions or propose amendments within the specified time. (3) If it is not authorized within two years from the date of application, it is necessary to start paying the application maintenance fee every year.
(v) Authorization stage
After receiving the notice of authorization registration, the application needs to be registered within 2 months and pay the prescribed fee before obtaining the patent right. Here is just a reminder that the relevant procedures and fees must be completed within the specified time, so as not to affect the loss of such an important patent because of delay.