Q: Our company entrusts a research institute to develop and complete an invention, so who owns the right to apply for a patent?
A: Juntong Legal Online Consultation will answer for you
The patent system is a system to protect the intellectual property rights of patents under the conditions of market economy. An invention-creation cannot be automatically protected by a patent, and the patent office cannot grant a patent right on its own initiative. The person who has the right to file a patent application must submit the necessary application documents in accordance with the regulations. After accepting the application, the patent office will review it through legal procedures and grant a patent right to those who meet the requirements. To apply for a patent for invention or utility model, a request, specification, patent right, abstract of specification and necessary drawings shall be submitted. To apply for a patent for design, a request and a picture or photograph of the design shall be submitted. Patent application documents can be written by the applicant himself or by others. Because applying for a patent is a complicated legal affair, it is not easy for ordinary people to complete this task. The applicant can entrust an agent with patent qualification to write application documents and handle relevant application affairs. Where an agent of a patent agency is entrusted to apply for a patent and handle the application affairs, a power of attorney shall be submitted at the same time, indicating the authorization authority, and the agency service fee shall be paid according to the relevant patent agency service fees.
when submitting the patent application documents to the patent office, you can hand them in person, send them by registered mail or entrust an agent to handle them.
when applying for a patent and going through other formalities with the patent office, the relevant fees shall be paid according to the patent charging items and standards. Various fees can be paid directly to the Patent Office, remitted through the post office or bank, and transferred through the agency.
after receiving the patent application documents that meet the requirements, the patent office will issue the applicant with a notice of acceptance, indicating the date of application, application number and other matters.