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 making a decision to grant a patent right, the Patent Office shall issue a notice of granting a patent right to inform the applicant.
The applicant may choose an application for a patent for invention for the same invention-creation that has been granted the patent right for utility model. Only when the applicant submits a declaration of giving up the patent right for utility model will the Patent Office issue a notice of granting the patent right for invention. Where the applicant insists on retaining the patent right for utility model, the Patent Office shall make a decision to reject the application for a patent for invention.
1. 1.2 Registration Notice
When the patent office issues a notice of granting a patent right, it shall make 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 authorization and the printing fee for the announcement. An application for a patent for invention shall also pay the application maintenance fee for each year except the authorized year. ?
The applicant shall also pay the stamp duty on the patent certificate when going through the registration formalities.
1. 1.4 Issue patent certificates, register and announce the decision to grant patent rights.
If the applicant goes through the registration formalities within the prescribed time limit, the Patent Office shall issue it.
The patent certificate (including the decision to grant the patent right) shall be registered and announced 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 the provisions in Section 2. 1. 1 in Chapter VI of this part. Under special circumstances, it can also be sent directly to the patentee according to 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 within the prescribed time limit after the Patent Office issues the notice of granting the patent right, it shall be deemed as giving up the right to obtain the patent right and notifying the applicant. The notice shall be made within one month after the expiration of the time limit, and shall specify the legal procedures for restoring rights. If the request for restoration of rights is not received within four months from the date of notification, the patent application document shall be transferred to the invalid document database. For an application for a patent for invention, before the file of the patent application is transferred to the invalid file database, the announcement of the application for a patent for invention in the patent gazette shall be regarded as giving up the patent right.
For an application for a patent for utility model and design, if the applicant fails to pay or fails to pay in full the patent registration fee, announcement printing fee and annual fee in the year of authorization, or for an application for a patent for invention, if the applicant fails to pay or fails to pay in full the patent registration fee, announcement printing fee, annual fee and annual application maintenance fee except in the year of authorization, it shall be deemed that the registration formalities have not been completed. If the applicant has paid the above fees but failed to pay the stamp duty on the patent certificate, the patent certificate will not be issued, but the registration and announcement procedures for granting the patent right will be carried out as usual, and the patent certificate will be re-issued after the applicant pays the stamp duty on the patent certificate.
1.2 patent certificate?
1.2. 1 What is the format of the patent certificate?
The patent certificate shall record the important descriptive matters related to the patent right, the seal of the patent office, the signature of the director and the date of authorization announcement. ?
Description items include: patent certificate number (serial number), invention name, patent number (application number), patent application date, inventor or designer and patentee. ?
When the specification of a patent is too long to record on one page, an additional page can be attached.
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 issuance of the certificate, if the patentee changes due to the transfer, inheritance or gift of the patent right, the Patent Office will no longer issue a copy of the certificate to the new patentee or the new patentee.
After the termination of the patent right, the patent office will no longer issue a copy of the patent certificate.
The copy of the patent certificate is marked with the word "copy". Issue a copy of the patent certificate and charge a copy fee for the patent certificate.
1.2.3 patent certificate replacement?
After the dispute over the ownership of the patent right is handled by the local intellectual property office (or the corresponding functional department) or judged by the people's court, if the patent right is returned to the claimant, after the decision or judgment becomes legally effective, the parties concerned may request the Patent Office to change the patent certificate while going through the formalities for changing the patentee. 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 original certificate records the word "replaced" and then stores it in the patent application file.
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 it is verified by the Patent Office as a typo, it shall be corrected and a replacement certificate shall be issued to the patentee. The original certificate records the word "changed" and then stores it in the patent application document. ?
The patent certificate shall not be replaced if the description items are changed due to the transfer, inheritance or gift of the patent right. If the patent certificate is lost, it will not be reissued unless it is caused by the responsibility of 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. ?
The items registered in the patent register are stored in the computer database. When paper is needed, it will take effect after being printed by computer and stamped with the special seal of certificate.
1.3.2 the legal effect of the patent register?
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
After the announcement of granting the patent right, anyone can request the Patent Office to issue a copy of the patent register. Where a copy of the patent register is requested, a fee shall be paid.
After receiving the relevant requests and fees, the Patent Office will make a copy of the patent register by computer, and after checking with the patent application documents, affix the special seal for the certificate and send it to the requester. This situation was then recorded in the application file. ?