Patent is a kind of exclusive right, which refers to the patent right granted to the patent applicant by the national patent examination and approval authority after passing the examination according to law.
If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement. If the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.
How to avoid duplicate authorization?
1. When issuing the notification of patent application authorization and the notification of registration formalities, the statement of giving up another patent right submitted by the applicant in the document shall be forwarded to the corresponding process management department and recorded. When preparing the authorization announcement, the relevant process management department shall also be informed of the date of the authorization announcement of the patent application; The corresponding process management department shall register and announce the waiver statement.
2. If the patentee gives up the patent voluntarily submitted due to repeated authorization, the corresponding process management department can refer to item 1.
Legal basis:
patent law of the people's republic of china
Article 39
If the application for a patent for invention is not rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention and issue a patent certificate for invention. And at the same time register and publicize. The invention patent right shall take effect as of the date of announcement.