(1) Changes shall be made by using the Declaration Form for Specification Change uniformly produced by the Patent Office. Please download the form from China National Intellectual Property Administration website. The download link is: /bgxz/, with instructions and precautions on the back of the form. Fill it out and mail it by registered mail to the reception desk of China National Intellectual Property Administration Patent Office, No.6, Xitucheng Road, Jimenqiao, Haidian District, Beijing. Postal code: 100088.
(2) Pay the change fee for the recorded project as required. In the patent fee standard published by the Patent Office, the description change fee refers to the fee for each patent application to declare the description change. Unless otherwise specified, the change fee for describing the project shall be paid within one month from the date of making the request; If it is not paid or paid in full at the expiration of the period, it shall be deemed that it has not submitted a declaration explaining the change of the project. 200 yuan for the change fee of the applicant and the patentee.
(3) Submit the original documents at the same time:
Where the applicant (or patentee) requests a change due to a dispute over ownership transfer, and the dispute is resolved through consultation, it shall submit a rights transfer agreement signed or sealed by all parties. If it is settled through mediation by the local intellectual property management department, a mediation letter issued by the department shall be submitted; If the dispute is determined by mediation or judgment of the people's court, it shall be submitted to the people's court for effective mediation or judgment. After receiving the judgment of the court of first instance, the examiner shall notify other parties to confirm whether to file an appeal. If he fails to reply within the time limit or explicitly refuses to appeal, the sentence shall be changed according to this judgment; If a party files an appeal, it shall submit a certificate issued by the people's court at a higher level, and the judgment of the original people's court shall have no legal effect; If the dispute is mediated or decided by an arbitration institution, an arbitration mediation book or an arbitration award shall be submitted.
The transfer of the right to apply for a patent for invention or utility model (or patent right) involving foreigners, foreign enterprises or other foreign organizations shall comply with the following provisions: if the transferor is an individual or unit in China, if the transferee is a foreigner, foreign enterprise or other foreign organization, or if the transferee is an individual, legal person or other organization in Hongkong, Macao or Taiwan Province Province, the technology export license or free export technology contract registration certificate issued by the the State Council commerce department or the free export technology contract registration issued by the local commerce department shall be issued.
(4) If the patent application right (or patent right) is transferred, and the changed applicant (or patentee) entrusts a new patent agency, it shall submit a power of attorney signed or sealed by all the changed applicants (or patentees) and pay the change fee 50 yuan; If the changed applicant (or patentee) entrusts the original patent agency, it only needs to submit the power of attorney signed or sealed by the new applicant (or patentee). If the transferee is a foreigner, foreign enterprise or other foreign organization, or the transferee is an individual, legal person or other organization in Hongkong, Macao and Taiwan Province Province, an agency shall be entrusted.
(5) If the transferee is a unit and has not entrusted an agency, it shall fill in the contact person in the statement of project change in the specification. The contact person is the recipient who received the letter from the Patent Office, not the unit. The contact person should be the staff of the unit.
(6) If multiple contents of a patent application are changed at the same time, it only needs to be declared once; Where the same description of multiple patent applications changes, even if the contents of the changes are exactly the same, they shall also submit their own statements on the change of description.
(7) If your patent application is electronic, you need to submit documents on the electronic application client.
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