According to the provisions of the Patent Examination Guide, if a patent agency is not entrusted, the procedures for changing the description items shall be handled by the applicant (or patentee) or his agent; If a patent agency has been entrusted, it shall be handled by the patent agency. Changes caused by the transfer of rights may also be handled by the new obligee or the patent agency entrusted by him.
The above-mentioned parties shall, when going through the formalities of changing the registered items, submit a statement of changing the registered items, and attach the supporting documents of the reasons for the change.
The circumstances that need to go through the formalities of changing the description items due to the transfer of the patent application right (or patent right) include: (1) requesting the transfer of the right to change due to ownership disputes; (2) The request for transfer of rights is changed due to the transfer or gift of rights; (3) The right transfer request changes due to merger, division, cancellation or change of organizational form; (four) the right transfer request changes due to the auction. At the same time, the transfer of patent application right (or patent right) occurs at different times because of different subjects. Therefore, the certification materials submitted by the parties can be divided into the following situations:
(1) Where the applicant (or patentee) requests a change due to a dispute over the transfer of ownership, and the dispute is resolved through consultation, it shall submit a transfer agreement signed or sealed by all parties. If it is settled through mediation by the local intellectual property management department, a mediation letter issued by the department shall be submitted; If the dispute is determined by mediation or judgment of the people's court, it shall be submitted to the people's court for effective mediation or judgment. After receiving the judgment of the court of first instance, the examiner shall notify the other parties to confirm whether to appeal. If the examiner fails to reply or explicitly refuses to appeal within the specified time limit, the judgment shall be revised according to this judgment; If a party files an appeal, it shall submit a certificate issued by the people's court at a higher level, and the judgment of the original people's court shall have no legal effect; If the dispute is mediated or decided by an arbitration institution, an arbitration mediation book or an arbitration award shall be submitted.
(2) Where the applicant (or the patentee) requests changes due to the transfer or gift of rights, it shall submit the transfer or gift contract. The contract is concluded by the unit, which shall be stamped with the official seal of the unit or the special seal for the contract. When concluding a contract, a citizen shall sign or seal it. If there is more than one applicant (or patentee), the certification materials that all the obligees agree to transfer or donate shall be submitted.
(three) the transfer (or gift) of the right to apply for a patent (or patent right) involves foreigners, foreign enterprises or other foreign organizations, and shall comply with the following provisions:
1. If both the transferor and the transferee are foreigners, foreign enterprises or other foreign organizations, a transfer contract signed or sealed by both parties shall be submitted.
2. To apply for a patent (or patent) for invention or utility model, if the transferor is an individual or unit in Chinese mainland and the transferee is a foreigner, foreign enterprise or other foreign organization, it shall submit a technology export license or a free export technology contract registration certificate issued by the the State Council commerce department, or a free export technology contract registration certificate issued by the local commerce department, and a transfer contract signed or sealed by both parties.
3. If the transferor is a foreigner, foreign enterprise or other foreign organization and the transferee is an individual or unit in Chinese mainland, a transfer contract signed or sealed by both parties shall be submitted.
Where an individual or unit in the mainland of China is the same transferor as a foreigner, foreign enterprise or other foreign organization, and the transferee is a foreigner, foreign enterprise or other foreign organization, the provisions in item (2) above shall apply; Where an individual or unit in the mainland of China is the same transferee as a foreigner, foreign enterprise or other foreign organization, and the transferor is a foreigner, foreign enterprise or other foreign organization, the provisions in Item (3) above shall apply.
Individuals or units in Chinese mainland and individuals, enterprises or other organizations in Hongkong, Macao and Taiwan Province are the same transferor, and the transferee is a foreigner, foreign enterprise or other foreign organization, which shall be handled with reference to the above second provision; Individuals or units in Chinese mainland and individuals, enterprises or other organizations in Hongkong, Macao and Taiwan Province are the same transferee, and the transferor is a foreigner, foreign enterprise or other foreign organization, which shall be handled with reference to the provisions in Item (3) above.
If the transferor is an individual or unit in Chinese mainland, and the transferee is an individual, enterprise or other organization in Hongkong, Macau or Taiwan Province Province, it shall be handled with reference to item (2) above.
(4) Where the applicant (or patentee) is a unit, the certification documents issued by the registration administration department shall be submitted due to its merger, division, cancellation or change of organizational form.
(5) Where the applicant (or patentee) changes due to the request for inheritance, it shall submit a notarized certificate that the party concerned is the legal heir or that the party concerned has included all the legal heirs. Unless otherwise specified, the patent application right (or patent right) is inherited by the * * * successor.
(6) Where the right to apply for a patent (or patent right) is changed by auction, a legally binding certificate shall be submitted.
(7) Where the patent right is transferred during the pledge of the patent right, in addition to the documents required for the change, the documents agreed by both parties to the pledge shall also be submitted.
It is worth noting that according to Section 5.4 of Chapter XI, Part V of Patent Examination Guide 20 10, if the name of the applicant (or patentee) is changed due to the transfer of the patent applicant (or patentee), if the changed obligee has not entrusted a patent agency, the obligee shall be an electronic applicant. If the changed obligee entrusts a patent agency, the patent agency shall be an electronic applicant. What are the methods to inquire about the status of patent application, and how to inquire whether it has been applied? Procedures for changing recorded items shall be handled in the form of electronic documents. If the request to change the description item is made in paper form, the examiner shall issue a notice to the parties as if it had not been made.
When going through the formalities for changing the record items, the fee for changing the record items shall be paid in accordance with the regulations. According to the patent fee standard published by China National Intellectual Property Administration, if the applicant requests to change the applicant or the patentee, he shall pay the description item change fee 200 yuan. The project change filing fee can be paid by online payment, post office or bank remittance, or in person in China National Intellectual Property Administration, but unless otherwise specified, it should be paid within one month from the date of request; If it is not paid or paid in full at the expiration of the period, it shall be deemed that it has not submitted the declaration on the change of the specification items.
The transfer of patent application right (or patent right) shall take effect from the date of registration, that is, the date when the above-mentioned qualified notice is issued. In addition, the transfer items of patent application right (or patent right) announced in the patent announcement include: main classification number, patent application number (or patent number), change items, obligee before change, obligee after change, and effective date of registration.
The above is about how to apply for patent. If you have any other questions, please consult Shangbiao Intellectual Property for a detailed understanding.