1. It shall be handled according to the agreement signed between the country to which it belongs and China. The agreements mentioned here mainly refer to the bilateral agreements signed between China and other countries. If the agreement stipulates that natural persons, enterprises and organizations of the other party are allowed to apply for patents in their own countries, it shall be handled in accordance with this provision.
2. It shall be handled in accordance with the international treaties to which the country to which it belongs and China are parties. China participated in "
Paris Convention for the Protection of Industrial Property and the Establishment of the World Intellectual Property Organization
Convention. Both treaties stipulate that member countries should allow each other to apply for and obtain patents and implement them.
National treatment principle
. Therefore, China should grant national treatment to citizens, legal persons or other organizations that are parties to the above two conventions who apply for patents in China.
3, in line with the principle of reciprocity. The principle of reciprocity, also known as the principle of reciprocity, means that if a country allows its citizens, enterprises and organizations to apply for and obtain patents in that country, then China also allows its citizens, enterprises and organizations to apply for and obtain patents in China.
Generally speaking, new products that can be mass-produced, as well as their manufacturing methods and usage methods, can be patented, but in order to obtain a patent, three substantive conditions must be met: novelty, creativity and practicality. Patented inventions and utility models
Compulsory licensing of patent exploitation refers to a licensing method in which the patent administrative department of the State Council directly allows other units or individuals to exploit their inventions and creations without the consent of the patentee in accordance with the provisions of the patent law, also known as involuntary licensing. According to the patent law of China, "
Measures for compulsory licensing of patent exploitation
"As well as relevant regulations, patent enforcement can be implemented under the following circumstances, and [more] patent applications are equivalent to building toll stations.
Applying for a patent is equivalent to building a toll booth patent, which is the benefit of the spark of wisdom. Former US President Abraham? After Lincoln's patent application is patented, the patentee may license others to use it or transfer it to others. Under normal circumstances, anyone who needs to use it must obtain the permission of the patentee and pay the fee to the patentee, so there are more ways to apply for a patent.
The way to apply for a patent is 1. Apply for a patent in China. The applicant applies for a patent directly to the Chinese Intellectual Property Office or to its agency.
Entrusting an agent to apply for a patent An applicant, in accordance with the provisions of the Patent Law, entrusts an agency to apply for a patent with the China Patent Office or its dispatched office in the name of the principal. 2. Apply for a foreign patent. A. First, learn more about the conditions and requirements for applying for patent administrative reconsideration for intellectual property rights from the country.
Conditions and Requirements for Applying for Patent Administrative Reconsideration According to the relevant provisions of the Regulations of China National Intellectual Property Administration Municipality on Administrative Reconsideration, an application for reconsideration shall meet the following conditions: (1) The applicant believes that China National Intellectual Property Administration.
Specific administrative acts infringe upon the legitimate rights and interests of patent applicants, patentees, layout-design registration applicants, layout-design obligees and other interested parties [more]