1. The applicant shall fill in the application form for patent project evaluation and submit relevant materials as required.
2. The Municipal Intellectual Property Office shall review the format of the materials submitted by the applicant.
3. After passing the examination, it shall be evaluated by an evaluation institution with patent assets evaluation qualification.
4. The Municipal Intellectual Property Office will inform the parties of the evaluation results.
What are the conditions for patent authorization?
novelty
1. prior art. The existing technology is the technology that has been published before the filing date. There are three ways of technology disclosure: CD, photographic film, etc. The public disclosure of technical information refers to the disclosure of technical content by unspecified relevant public who does not undertake confidentiality obligations. The degree of disclosure shall be subject to the implementation of ordinary technicians in the field.
2. Conflict with the application. Conflict application refers to the invention or utility model for which a patent is applied. Before the filing date, the same invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date of the invention or utility model. Apply first and then apply. Contradictions with the application will destroy novelty and prevent patent duplication.
It is illegal for the patentee to be used by others without authorization. The patentee may require the infringer to make economic compensation according to his own loss procedure, and the maximum compensation amount shall not exceed 500,000.
Legal basis:
Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases
Article 21: "If there is no patent license fee for reference or the patent license fee is obviously unreasonable, the people's court may generally determine the amount of compensation between RMB 5,000 and RMB 300,000 according to the type of patent right, the nature and circumstances of infringement by the infringer, and the maximum amount shall not exceed RMB 500,000."
Paragraph 3 of Article 20: "The benefits obtained by the infringer due to infringement can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer. For infringers who are completely engaged in infringement, they can be calculated according to the sales profit. "