The patentee is the patent applicant who was granted the patent right when the patent application was approved. The patentee can be a unit or an individual. If you want to change the patentee, how should you handle the patentee change process?
Basic procedures for the change of patentee
1. The patent applicant or patentee shall fill in the Statement of Change Description Project and provide the certification materials of change description project.
Two, pay the recorded engineering change fee (200 yuan), should be paid within one month from the date of the request.
Documentary evidence of project change
(1) Where the rights of the applicant or patentee are transferred due to disputes over the ownership of the rights, and the inventor is changed due to disputes over the qualifications, if the patent dispute is resolved through consultation, an agreement on the transfer of rights signed or sealed by all parties shall be submitted; If the dispute is determined by a judgment of the people's court, it shall be submitted to a legally effective judgment of the people's court. After receiving the written judgment, the Patent Office shall notify other parties to inquire whether to file an appeal. If there is no reply or no appeal within the prescribed time limit (two months), the judgment will take legal effect; If a party files an appeal, it shall issue a notice of acceptance of the appeal, and the original judgment of the people's court will never take legal effect.
If the dispute is decided through mediation by the local intellectual property office (or the corresponding functional department), the Patent Office shall notify other parties to inquire whether to bring a lawsuit to the court after receiving the mediation decision; If there is no reply or prosecution within the prescribed time limit (two months), the mediation decision will take legal effect; If a lawsuit is filed, the parties concerned shall issue a notice of court acceptance, and the original mediation decision shall have no legal effect.
(2) Where the patent applicant or patentee requests to change the patent applicant or patentee due to the transfer or donation of rights, the original or notarized copy of the transfer or donation contract must be submitted; When a contract is concluded by a legal person, it must be signed or sealed by the legal representative or authorized person, and stamped with the legal person's official seal or special seal for the contract; Submit notarized documents when necessary. When concluding a contract, a citizen shall sign or seal it; Submit notarized documents when necessary. Where there is more than one patent applicant or patentee, the certification materials that all the obligees agree to transfer or give shall be submitted.
(3) If the applicant or the owner is a legal person, and the registered items are changed due to its merger, reorganization, division, revocation, bankruptcy or restructuring, a legally binding document shall be issued.
(4) If the applicant or the patentee inherits due to death, it shall submit a certificate issued by a notary office that the relevant party is the only legal heir or that the relevant party has included all legal heirs. Unless otherwise specified, the * * * successor shall * * inherit the patent application right or patent right.
If the patentee is transferring or buying or selling patents on the relevant patent platform, the patentee can be changed in the above way. The patentee's change process is very simple, and he can go through the patent change procedures himself.
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