Recording the change procedure of the project is also a procedure that the applicant can choose according to his needs.
After the applicant files an application, the contents of the inventor, applicant, patent agency and invention name reported in the request can not be changed at will. If it is necessary to change, it is necessary to go through the formalities of describing the change of the project.
When going through the formalities for the change of the description items, a statement on the change of the description items shall be submitted to the Patent Office, which shall specify the changed items and the situation before and after the change. If the change involves the inventor, applicant or patent agency, it is also necessary to attach certification materials, explain the reasons for the change, and pay the prescribed fees. The specific requirements are as follows:
(1) Changing the name of an invention-creation The name of an invention-creation is not only a part of the request, but also a part of the specification. Therefore, to change the name of an invention-creation, in addition to submitting the project description statement, a statement of opinions should be attached to explain the reasons for the change, and the change formalities can only be handled with the consent of the examiner.
(2) The change of the inventor and designer can be divided into two situations: one is the change of the name of the inventor and designer, which is only a nominal change and does not involve the change of rights. If the name of the inventor or designer is changed, the name change certificate issued by the household registration department shall be attached in addition to the statement explaining the project change. The other is the change of inventors and designers. Because the right of invention is not transferred or inherited, the change of inventor (including the increase or decrease of the number of people) is mainly due to the applicant's improper declaration or the dispute of the right of invention.
If it is necessary to change the inventor due to improper declaration, the applicant shall handle the change formalities on his behalf. In addition to submitting the statement of change of recorded items, it shall also be accompanied by a detailed explanation of the improper statement, evidence that needs to be corrected or circumstantial evidence of other inventors.
If there is a dispute over the right to invention-creation, it shall request the patent administration organ to mediate or bring a suit in a people's court.
Where the right to invention and creation is returned through mediation by the patent administration organ or a people's court ruling, the legal inventor may request the Patent Office to go through the formalities for changing the recorded items on the basis of a legally effective decision or judgment.
(3) Changes of the applicant (or patentee) There are five main situations in which the applicant (or patentee) changes:
(1) Change the name of the applicant or the applicant is an individual. When changing the name, in addition to submitting the declaration of change of recorded items, the certificate of name change issued by the household registration department should also be attached; If the applicant is a unit, when changing the name of the unit, in addition to submitting the declaration, it should also be accompanied by the approval of the competent department to change the name, or the registration certificate of the name change in the administrative department for industry and commerce.