The applicant is an individual. When changing the name, in addition to submitting the declaration on the change of the description, the name change certificate issued by the household registration department should also be attached; If the applicant is a unit, when changing the name of the unit, in addition to submitting the declaration, it should also be accompanied by the approval of the competent department to change the name, or the registration certificate of the name change in the administrative department for industry and commerce.
(2) the right to apply for inheritance or gift.
Due to the death of the original applicant, the right to apply was obtained through inheritance in accordance with the inheritance law. When going through the formalities of change, in addition to submitting the statement of change of recorded items, it should also be accompanied by a certificate issued by a notary office that the party concerned is the only legal heir or that the party concerned has included all legal heirs. ; If not all legal heirs are required to change, there should also be statements of consent or waiver by other legitimate legal heirs.
If the applicant voluntarily donates the right to apply to others, the donee shall submit a statement of project change for the record and attach a notarized gift certificate when going through the formalities for change; When the applicant goes through the formalities of change, in addition to submitting the statement of change of recorded items, it shall also be accompanied by a notarized acceptance statement of the donee.
③ Right to apply for transfer
The obligee who has obtained the right to apply by means of transfer shall, when going through the formalities of change, submit a statement on the change of the registered items, and attach a valid transfer contract signed by both parties. When necessary, the Patent Office may require notarization of the contract.
The transfer of patent application rights or patent rights involving overseas residents or legal persons shall comply with the following provisions:
A when both the transferor and the transferee are overseas residents or legal persons, the original or notarized copy of the transfer contract signed by both parties must be submitted to the patent office;
B if the transferor is a legal person or individual in Chinese mainland and the transferee is an overseas resident or legal person, the approval document issued by the foreign economic relations and trade department of the State Council in conjunction with the administrative department of science and technology of the State Council, and the original or notarized copy of the transfer contract signed by the transferor and the transferee shall be presented;
C. When the transferor belongs to an overseas resident or legal person and the transferee belongs to a legal person or individual in Chinese mainland, the original notarized transfer contract signed by both parties shall be issued to the Patent Office;
D. The procedures for changing the above-mentioned patent application right or description items of patent assignment must be handled by the assignor's applicant or patentee or its entrusted patent agency.
A-D Overseas residents or legal persons refer to foreigners, foreign enterprises, Hong Kong, Macao and Taiwan residents or legal persons who have no habitual residence or business office in Chinese mainland. China residents or legal persons who have their habitual residence or business office in Chinese mainland may apply for patent application and patent transfer in accordance with regulations.
④ Transfer the right of application.
If an individual or unit that has the right to apply is illegally deprived of the right to apply by others, and the right to apply is returned after mediation by the patent administration organ or ruling by the people's court, the legal applicant may go through the formalities for changing the applicant with the legally effective decision of the patent administration organ or the effective judgment of the people's court.
⑤ Correct the declared mistakes.
If the original applicant requests to correct the error by changing the recorded items due to improper filling of the request, omission in application or incorrect filling by the applicant, it shall be submitted by the original applicant, and the evidence or proof of improper or corrected original statement shall be explained in detail.
After the applicant changes, all the legal procedures that have come into effect for the original applicant are binding on the changed applicant. However, if the patent agency entrustment relationship is terminated and the applicant wants to entrust a patent agency after the change, he shall go through the patent agency entrustment formalities again. If there are more than one applicant, and only some applicants change the patent agency entrustment relationship, it may not be suspended, but the newly added applicant shall go through the patent agency entrustment procedures and submit his signed patent agency power of attorney. Thank you. Hope to adopt.