On the question of whether to apply for a patent in kind, generally speaking, there is no need to provide a patent in kind for invention, utility model and design. When applying for an invention or utility model, it is necessary to provide a schematic diagram of the structure, and when applying for a design, it is necessary to provide a six-sided front view of the design. According to the provisions of the Patent Law and the detailed rules for the implementation of the Patent Law, when examining an application for a patent for design, the Patent Office may, when it deems it necessary, require the applicant for a design to submit a product or model using a patent for design. For inventions involving biomaterials, if the biomaterials are not known to the public, and the description of the biomaterials is not enough for technicians in the field to implement their inventions, it is necessary to submit the samples of the biomaterials to the preservation unit recognized by the Patent Office for preservation, and provide the survival certificate of the samples.
Legal basis:
Article 24 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the content of the exclusive right stipulated in Article 24 of the Copyright Law shall be stipulated in the contract. If there is no agreement or unclear agreement in the contract, it shall be deemed that the licensee has the right to exclude anyone including the copyright owner from using the work in the same way; Unless otherwise agreed in the contract, the licensee must obtain permission from the copyright owner to allow a third party to exercise the same rights.