Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.
Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.
Article 8. Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee.
Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
Is the patent certificate personal or corporate?
Second, the patentee change time
(1) Patent change, commonly referred to as bibliographic item change, means that if you want to change some information of the patent, such as information of the obligee, inventor and agency, you need to declare the bibliographic item change.
(2) Where the obligee and inventor are changed, the Patent Office will charge 200 yuan. Generally, the time is 15-30 days, and sometimes it may exceed one month.
(3) According to the patent examination guidelines, if the right to apply for a patent (or patent right) is transferred or transferred for other reasons, the applicant (or patentee) shall register with the Patent Office in the form of recording the project changes. In other words, the applicant can also be changed in the process of patent application, which belongs to the change of patent application right. The change after authorization belongs to the change of the patentee.
Three. Matters needing attention in patent application
(1) Pre-preparation of patent application:
(1) Patent documents should be searched to determine whether the invention meets the basic conditions of the three characteristics of the patent. At this time, the judgment of the three characteristics of the patent is only preliminary, and the retrieval is to minimize the blindness of patent application and increase the certainty of patent authorization and the legal stability after authorization.
(2) It is necessary to further analyze the technical and economic development trend and patent strategy of competitors, and check whether the application conforms to our product, technical and economic development strategy and patent strategy.
(3) Do a good job in keeping relevant technology confidential and entrust a professional patent agency to act as an agent.
(two) the patent application should not be premature, the invention has not been basically completed, and there may be several adverse consequences after the technology is made public:
The technical content of (1) has not been fully disclosed, so it cannot be realized yet. It was rejected by the patent office and could not be awarded.
(2) The rejected immature patent application may inspire others.
(3) Patent protection may be lax and incomplete, thus providing opportunities for others to improve, expand and apply for new patents.