1. 1 patent authorization procedure
1. 1. 1 patent authorization notice
Where an application for a patent for invention has undergone substantive examination, and an application for a patent for utility model or design has undergone preliminary examination, and no reason for rejection has been found, the Patent Office shall make a decision to grant a patent right, issue a patent certificate, and register and announce it at the same time. The patent right shall take effect as of the date of announcement.
Before granting the patent right, the patent office shall issue a notice of granting the patent right.
1. 1.2 Registration Notice
When the Patent Office issues a notice of granting a patent right, it shall also issue a notice of going through the registration formalities, and the applicant shall go through the registration formalities within two months from the date of receiving the notice.
1. 1.3 Registration procedures
When going through the registration formalities, the applicant shall pay the patent registration fee, the annual fee for the authorized year (the year specified in the registration notice) and the printing fee for the announcement within the prescribed time limit, and pay the stamp duty on the patent certificate. An application for a patent for invention shall also pay the application maintenance fee for each year except the authorized year.
1. 1.4 Issue patent certificates, register and announce the granting of patent rights.
If the applicant goes through the registration formalities within the prescribed time limit, the Patent Office shall issue a patent certificate, register and announce it at the same time, and the patent right shall take effect from the date of announcement.
After the applicant has gone through the registration formalities, the Patent Office shall make a patent certificate, make preparations for the registration of granting the patent right, and announce the decision to grant the patent right. After the patent certificate is made, it can be sent to the patentee in accordance with section 2. 1. 1 in Chapter VI of this part. Under special circumstances, it can also be sent directly to the patentee in accordance with the provisions of section 2. 1.2 of Chapter VI of this part.
1. 1.5 is regarded as giving up the right to obtain the patent right.
If the applicant fails to go through the registration formalities in accordance with the provisions of section 1. 1.3 of this chapter within the prescribed time limit after the Patent Office has issued the notice of granting the patent right, it shall issue a notice of deemed abandonment of the patent right. The notice shall be issued within one month after the expiration of the registration formalities, and shall specify the legal procedures for restoring rights. After the expiration of four months from the date of notification, the patent application document shall be transferred to the invalid file library if the restoration procedures have not been completed or the Patent Office has made a decision not to restore the rights. For an application for a patent for invention, before the patent application documents are transferred to the invalid file library, it shall be announced in the patent gazette that the application for a patent for invention is regarded as a waiver of the patent right.
1. 1.6 Avoid duplicate authorization.
(1) If the patent application falls into the circumstances described in Section 6.2.2 of Chapter 3 of Part II of this Guide, when issuing the notice of authorization and handling the registration formalities of patent application, the statement of giving up another patent right submitted by the applicant in the document shall be forwarded to the corresponding process management department and recorded, and when preparing the authorization announcement, the date of authorization announcement of the patent application shall also be notified to the corresponding process management department; The corresponding process management department shall register and announce the waiver statement.
(2) For the waiver of the patent submitted by the patentee due to repeated authorization, the corresponding process management department can refer to item (1).
1.2 patent certificate
1.2. 1 Composition of patent certificate
The patent certificate for invention and utility model consists of the first page of the certificate and the patent specification; The design patent certificate consists of the first page of the certificate and the design patent booklet.
The patent certificate shall record the important descriptive matters related to the patent right, the seal of China National Intellectual Property Administration, the signature of the supervisor and the date of authorization announcement, etc.
Description items include: patent certificate number (serial number), name of invention-creation, patent number (application number), date of patent application, name of inventor or designer and name of patentee. When the patent specification is too long to record on one page, an additional page can be added; If the total number of pages of the patent specification in the certificate exceeds 1 10, it shall be made in the form of a sequel starting from 10 1 page.
1.2.2 copy of patent certificate
If a patent has more than two patentees, the Patent Office may issue a copy of the patent certificate at the request of the same patentee. The number of patent certificates issued for the same patent right shall not exceed the total number of * * * same obligees. After the termination of the patent right, the patent office will no longer issue a copy of the patent certificate.
After the issuance of the patent certificate, if the patentee changes due to the transfer of the patent right, the Patent Office will no longer issue a copy of the patent certificate to the new patentee or the new patentee.
The copy of the patent certificate is marked with the word "copy". The format and content of the duplicate patent certificate and the original patent certificate shall be consistent. A copy of the patent certificate shall issue a copy fee and stamp duty.
1.2.3 replacement of patent certificate
After the dispute over the ownership of the patent right is mediated by the local intellectual property management department or the people's court and the patent right is returned to the claimant, and the mediation or judgment becomes legally effective, the parties concerned may request the Patent Office to change the patent certificate after going through the formalities for changing the patentee. If the patent certificate is damaged, the patentee may request the replacement of the patent certificate. After the termination of the patent right, the patent office will not replace the patent certificate. If the name of the patentee changes due to the transfer of the patent right or the renaming of the patentee, the patent certificate shall not be replaced.
Anyone who requests to change the patent certificate shall return the original patent certificate and pay the handling fee. After receiving the request for replacing the patent certificate, the Patent Office shall verify the patent application documents, and if it meets the requirements, it may re-create the patent certificate and send it to the parties concerned. The replaced certificate shall be consistent with the format and content of the original patent certificate. The original certificate is marked with the word "changed" and then kept in the patent application documents.
1.2.4 patent certificate printing error correction
When there is a typographical error in the patent certificate, the patentee may return the certificate and request the Patent Office to correct it. If the patent office verifies that it is a typographical error, it shall correct it and issue a replacement card to the patentee. The original certificate is marked with the word "changed" and then kept in the patent application documents.
If the patent certificate is lost, it will not be reissued unless it is caused by the Patent Office.
1.3 patent registration
1.3. 1 format of patent register
When granting a patent right, the Patent Office shall establish a patent register. The contents registered in the patent register include: grant of patent right, patent application right, transfer of patent right, invalidation of patent right, termination of patent right, restoration of patent right, pledge, preservation and dissolution of patent right, filing of patent licensing contract, compulsory license of patent implementation and change of name, nationality and address of patentee.
The granting, invalidation, termination, restoration, pledge, preservation and rescission of patent right, filing of patent licensing contract and compulsory license for patent exploitation shall be registered by the Patent Office ex officio; The right to apply for a patent, the transfer of the patent right and the change of the name, nationality and address of the patentee shall be registered at the request of the parties concerned.
Once the above matters are made, they will be recorded in the patent register, and the matters registered in the patent register will be stored in the database in the form of data. When making a copy of the patent register, it will be printed in the prescribed format and take effect after being stamped with the special seal of the certificate.
1.3.2 Validity of patent registration
When the patent right is granted, the contents recorded in the patent register and the patent certificate are consistent and have the same legal effect; After the patent right is granted, the change of the legal status of the patent is only recorded in the patent register, which leads to the inconsistency between the contents recorded in the patent register and the patent certificate. The legal status recorded in the patent register shall prevail.
1.3.3 copy of patent register
A copy of the patent register is made according to the patent register. After the announcement of granting the patent right, anyone can request the Patent Office to issue a copy of the patent register. Anyone who requests a copy of the patent register shall submit a request for a copy of the document and pay the relevant fees.
After receiving the relevant requests and fees, the Patent Office shall make a copy of the patent register, check it with the patent application documents, affix the special seal for proof and send it to the requester.