How to change the patent applicant, what is the basic process?

The patentee is the collective name of the owner and holder of the patent right and the subject of the patent right. That is, when the patent application is approved, the patent applicant is granted the patent right. The patentee can be a unit or an individual. According to the patent law, the patentee enjoys the exclusive right to his patent, the right to license, the right to prohibit others from exploiting his patent, the right to transfer his patent, the right to abandon his patent and the right to request legal protection.

In practice, the patentee can make changes, usually through patent transfer, and the specific changes also have a process. The patentee is the patent applicant who was granted the patent right when the patent application was approved. The patentee can be a unit or an individual. If you want to change the patent applicant, how should you change the patentee?

Change the basic process of patent applicants

1. The patent applicant or patentee shall fill in the Statement of Change Description Project and provide the certification materials of change description project.

Documentary evidence for recording project changes:

1. The right of the applicant or patentee is transferred due to the dispute over the ownership of the right, and the inventor is changed due to the dispute over the qualification,

1. If the patent dispute is settled through consultation, a rights transfer agreement signed or sealed by all parties shall be submitted;

2. 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 written judgment, the Patent Office shall notify other parties to inquire whether to file an appeal. If you do not 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 original judgment of the people's court will never take legal effect.

(2) The patent applicant or patentee requests to change the patent applicant or patentee due to the transfer or gift of rights.

1. Submit the original or notarized copy of the transfer or gift contract; The contract was concluded by a legal person;

2. The legal representative or authorized person shall sign or seal the contract, and affix the official seal of the legal person or the special seal for the contract;

3. Submit notarized documents when necessary. When concluding a contract, a citizen shall sign or seal it;

4. Where there is more than one patent applicant or patentee, the certification materials that all the right holders agree to transfer or give shall be submitted.

(3) If the applicant or the patentee is a legal person, a legally binding document must be issued for the change of the recorded items caused by its merger, reorganization, division, revocation, bankruptcy or restructuring.

(4) If the applicant or the patentee inherits due to death, it shall submit a certificate issued by a notary office that the relevant party is the only legal heir or that the relevant party has included all legal heirs. Unless otherwise specified, the * * * successor shall * * inherit the patent application right or patent right.

Two, the payment of the fee for the change of the recorded items shall be paid within one month from the date of request.

The above is about changing the patent applicant. If you have any other questions, you can consult a professional consultant for a detailed understanding.

Patent change patent application process