What are the patent application processes in Ming Dynasty?
1, the applicant provides original technical data and personal (unit) information;
2. Entrust a patent agency, sign an agency agreement, and write patent application documents that meet the requirements of the Patent Law; If necessary, you can retrieve it first.
3. Submit the patent application documents to the State Patent Office, obtain the patent application number, and pay the patent application fee as required;
4. After preliminary examination, the application for a patent for this invention will be published in the patent bulletin and website 18 months after the date of application; According to the requirements of the applicant, it may also be required to publish it in advance at any time within 15 months from the date of application;
5. Enter the stage of substantive examination (substantive examination): the applicant may file an application for substantive examination with the Patent Office at any time within 3 years from the date of application or after the patent application is made public, and must pay the patent substantive examination fee in accordance with the regulations;
6. After substantive examination, the patent conforms to the practicality, novelty and creativity of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee, printing fee and certificate fee are paid in accordance with the regulations to obtain the invention patent certificate; Authorized invention patents will be published.
7. Where a prior application for a patent for invention is claimed, the relevant information of the prior application shall be provided.
To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in the form of written or electronic applications. Oral instructions or samples or models can not be used instead of paper or electronic application documents.
All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency.
If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original.
Legal basis:
Article 12 of the Patent Law of People's Republic of China (PRC) stipulates that any unit or individual who exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.
According to Article 13 of the Patent Law of People's Republic of China (PRC), after the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee.
According to Article 14 of the Patent Law of People's Republic of China (PRC), if there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners. Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.