1. 1. 1 Notice of Patent Granting Law 39, 40 If the application for a patent for invention has undergone substantive examination and the application for a patent for utility model and design has undergone preliminary examination, and no reason for rejection is found, the Patent Office shall make a decision to grant the patent right, issue a patent certificate, and register and announce it.
Before making a decision to grant a patent right, the Patent Office shall issue a notice of granting a patent right to inform the applicant.
1. 1.2 Detailed Rules for Handling Registration Procedures 54. 1 When the Patent Office issues a notice for granting a patent right, it shall also make a notice for handling registration procedures, and the applicant shall handle registration procedures within two months from the date of receiving the notice.
1. 1.3 Detailed Rules of Registration Procedure 87 When going through the registration formalities, the applicant shall pay the patent registration fee, the registration surcharge and the authorized annual fee. If the maintenance fee for an application for a patent for invention has been paid in the year when the patent right was granted, the annual fee for that year will no longer be paid.
The applicant shall also pay the stamp duty on the patent certificate when going through the registration formalities.
1. 1.4 announcement of the issuance, registration and decision to grant a patent right 54.2 if the applicant goes through the registration formalities within the prescribed time limit, the patent office shall issue a patent certificate (including the decision to grant a patent right), and register and announce it. The patent certificate shall be issued at the expiration of three months from the date of issuance of the notice of granting the patent right, and the patent right shall take effect from the date of issuance of the patent certificate and be recorded in the patent certificate and patent register.
After the applicant has gone through the registration formalities, the Patent Office shall make a patent certificate, make preparations for the registration of granting the patent right, and announce the decision to grant the patent right. After the patent certificate is made, it can be sent to the patentee according to the provisions in Chapter 6, 2. 1. 1. Under special circumstances, it can also be sent directly to the patentee according to the provisions of Chapter 6 2. 1.2 of this part.
1. 1.5 is regarded as giving up the right to obtain the patent right. Rule 54.3 If the applicant fails to go through the registration formalities within the prescribed time limit after the notification of granting the patent right is made by the Patent Office, it shall be deemed as giving up the right to obtain the patent right and notifying the applicant. The notice shall be made within one month after the expiration of the time limit, and shall specify the legal procedures for restoring rights. If the request for restoration of rights has not been received within three months from the date of notification, the decision shall be announced in the patent bulletin (only referring to the application for a patent for invention), and the patent application documents shall be transferred to the database of invalid documents. Article 87 If the applicant fails to pay the patent registration fee, the registration surcharge and the annual fee for the authorized year (excluding the maintenance fee for the invention patent application for the authorized year), it shall be deemed that the registration formalities have not been completed. If the applicant has paid the above fees but failed to pay the stamp duty on the patent certificate, the patent certificate will not be issued, but the registration and announcement procedures for granting the patent right will be carried out as usual, and the patent certificate will be re-issued after the applicant pays the stamp duty on the patent certificate.
1.2 patent certificate
1.2. 1 format of patent certificate
The patent certificate shall record the important descriptive matters related to the patent right, the seal of the patent office, the signature of the director and the date of issuance.
Description items include: patent certificate number (serial number), invention name, patent number (application number), patent application date, inventor or designer, and patentee.
When the specification of a patent is too long to record on one page, you can add another page.
1.2.2 copy of patent certificate
If a patent has more than two patentees, the Patent Office may issue a copy of the patent certificate at the request of the same patentee. The number of patent certificates issued for the same patent right shall not exceed the total number of * * * same obligees.
The copy of the patent certificate is marked with the word "copy". Issue a copy of the patent certificate and charge a copy fee for the patent certificate.
1.2.3 replacement of patent certificate
If the patent right is returned to the claimant after the dispute over patent ownership has been handled by the patent administration organ or the people's court, the parties concerned may request the Patent Office to change the patent certificate while the decision or judgment is legally effective. Anyone who requests to change the patent certificate shall return the original patent certificate and pay the handling fee. After receiving the request for replacing the patent certificate, the Patent Office shall verify the patent application documents, and if it meets the requirements, it may re-create the patent certificate and send it to the parties concerned. The original certificate shall record the word "replacement" and then be deposited in the patent application documents.
When there is a typographical error in the patent certificate, the patentee may return the certificate and request the Patent Office to correct it. If it is verified by the Patent Office as a typo, it shall be corrected. After correction, it shall be returned to the patentee. The original certificate is marked with the word "changed" and then kept in the patent application documents.
The patent certificate shall not be replaced if the description items are changed due to the transfer, inheritance or gift of the patent right. If the patent certificate is lost, it will not be reissued except for the responsibility of the Patent Office.
1.3 patent registration
1.3. 1 Patent Register Format Rules 80 The patent office shall establish a patent register when granting a patent right. The patent register registers the grant, transfer and inheritance of the patent right, the revocation and invalidation of the patent right, the termination of the patent right, the restoration of the patent right, the compulsory license of the patent right and the change of the name, nationality and address of the patentee.
The grant, revocation, invalidation, termination, restoration and compulsory license of patent right shall be registered by the Patent Office ex officio; The assignment and inheritance of the patent right and the change of the name, nationality and address of the patentee shall be registered at the request of the parties concerned.
The items registered in the patent register are stored in the computer database. When paper is needed, it will take effect after being printed by computer and stamped with the special seal of certificate.
1.3.2 legal effect of patent registration
When the patent right is granted, the contents recorded in the patent register and the patent certificate are consistent and have the same legal effect; After the patent right is granted, the change of the legal status of the patent is only recorded in the patent register, which leads to the inconsistency between the contents recorded in the patent register and the patent certificate. The legal status recorded in the patent register shall prevail.
1.3.3 Detailed Rules for Copy of Patent Register 9 1. 1 After the patent right is granted, anyone can request the Patent Office to issue a copy of the patent register. The request for a copy of the patent register shall be paid.
After receiving the relevant requests and fees, the Patent Office will make a copy of the patent register by computer, and after checking with the patent application documents, affix the special seal for the certificate and send it to the requester. This situation was then recorded in the application file.