(a) the principle of patent application: the principle of one invention and one patent.
(II) Determination of the date of patent application: The date when the patent office receives the patent application documents shall be the date of application. If the application documents are mailed, the postmark date of mailing shall be the application date.
(3) Declaration of priority: If an applicant files an application for a patent for invention or utility model in China within 12 months from the date when the foreign country first filed the application, or within 6 months from the date when the foreign country first filed the application for a patent for design, he may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority.
An applicant who files an application for a patent for invention or utility model with the Patent Office on the same subject within 12 months from the date when he first filed a patent application in China may enjoy priority. Where the applicant claims priority, he shall submit a written application at the time of application and submit a copy of the first patent application document within 3 months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.
Subject of patent right:
1, inventor (including designer)
Inventor refers to a person who has made creative contributions to the substantive characteristics of invention and creation. People who are only responsible for organizing work should not be regarded as inventors.
2. Service inventors
There are two kinds of service inventions, that is, inventions completed by performing the tasks of the unit and inventions mainly completed by using this single material condition. The right to apply for a patent for a service invention-creation and the patent right obtained belong to the unit where the inventor or designer works. An inventor or designer enjoys the right of authorship and the right to receive bonuses and remuneration.
Inventions and creations completed in the execution of the tasks of the unit refer to: inventions and creations made in the course of one's own work; Inventions and creations completed by performing tasks other than their own jobs delivered by their own units; Inventions and creations made within 1 year after resignation, retirement or job transfer related to the job undertaken by the original unit or the tasks assigned by the original unit.
The so-called material conditions of the unit refer to the funds, equipment, spare parts, raw materials or technical data that are not disclosed to the public.
3.* * * Same inventor
Where two or more units or individuals cooperate to complete an invention-creation, or one unit or individual accepts the entrustment of another unit or individual to complete an invention-creation, and both parties agree that the application for patent right for invention-creation belongs to the entrusting party, according to their agreement, after the application is approved, the unit or individual applying for the patent right shall be the patentee. If there is no agreement between units or individuals, which constitutes entrusted development, the patent application and the patent right obtained shall belong to the trustee, but the trustee may exploit the patented technology free of charge.
4. Foreigners
Foreigners include natural persons and legal persons with foreign nationality. Foreigners who have their habitual residence or business office in China enjoy the same patent application right and patent right as citizens or units in China. Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China who apply for a patent in China may apply for a patent according to the agreement signed between their country and China, the international treaties to which they are party or the principle of reciprocity, but they shall entrust a patent agency designated by the patent administration department in the State Council to handle it.