1. Can an individual act as an agent for patent application business on his own?
1. Basis According to the relevant laws of our country, no unit or individual may act as an agent for patent applications or declaration of invalidity of patent rights without permission. Therefore, individuals may act as agents for patent matters with the permission of relevant departments.
2. Legal provisions: "Patent Agency Management Measures"
Article 8 Any unit , Individuals are not allowed to act as agents for patent applications and invalidation of patent rights without permission.
Article 41 The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall focus on inspection and supervision of the following matters:
(1) Whether the patent agency meets the conditions for practicing license;
(2) Partners and shareholders of the patent agency And whether the legal representative complies with the regulations;
(3) Whether the information in the annual report of the patent agency is true, complete and valid, and whether it is consistent with the market supervision and management department or judicial Whether the information published by the administrative department is consistent;
(4) Whether the patent agency has the circumstances specified in Article 37 of these Measures;
(5) Whether the patent agency has established and improved the practice management system and operation system;
(6) Patent Whether the agent meets the practicing conditions and performs the filing procedures;
(7) Whether the unit or individual who has not obtained the patent agency license has violated the law by conducting patent agency business without authorization Behavior.
2. What to do if the patent right is declared invalid
1. The patent right declared invalid shall be deemed to have ceased to exist from the beginning.
2. The decision to declare the patent right invalid shall be fulfilled or Enforced patent infringement dispute settlement decisions, as well as patent implementation license contracts and patent rights transfer contracts that have been performed, do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee.
3. If, in accordance with the provisions of the preceding paragraph, the patentee or the patent transferor does not return the patent royalties to the licensee or the patent transferee, If the patent right transfer fee is in clear violation of the principle of fairness, the patentee or patent right transferor shall return all or part of the patent royalties or patent right transfer fees to the person licensed to exploit the patent or the patent right transferee.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, no unit or individual may act as an agent for patent applications and patent applications without permission. Declaration of invalidity of patent rights and other services, so individuals may act as agents for patent services with permission from relevant departments. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
