1. Whether patent rights can be auctioned
According to the relevant laws of our country , Patent rights are a kind of property rights. If the exclusive owner cannot pay off his debts, the court can auction the patentee's patent to pay off the debts.
"Regulations of the Supreme People's Court on Several Issues Concerning the Enforcement Work of People's Courts (Trial)"
If the person subject to execution fails to perform the obligations specified in the effective legal document, the people's court has the right to rule to prohibit the person subject to execution from transferring its patent rights, exclusive rights to registered trademarks, copyrights (property rights) and other intellectual property rights. If the above-mentioned rights are registered by the competent department, a notice of assistance in enforcement shall be issued to the relevant departments at the same time, requiring them not to go through the transfer procedures of property rights. If necessary, the person subject to execution may be ordered to submit the property rights or use right certificates to the people's court for preservation.
For the property rights in the preceding paragraph, enforcement measures such as auction and sale may be adopted.
2. What are the time limits for patent application
1. For invention patents, except for some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, practical examination and authorization announcement. , Under normal circumstances, it will be announced 18 months after acceptance, and then proceed to the practical review stage. Generally, it takes about 3 years to obtain authorization, but longer time is not excluded. In order to speed up the time limit for obtaining patent rights, you can apply for early publication, so that after passing the preliminary examination, it will be announced and then enter the practical examination stage, which can speed up the authorization process. In addition, in some special circumstances, you can also request for accelerated review, but the procedures are more complicated and the fees will be higher.
2. For utility models and designs, they need to go through the stages of acceptance, preliminary examination and authorization announcement. Since there is no need for substantive examination, utility models and designs Appearance designThe time to obtain authorization is short, generally 6-10 months.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, patent rights are a type of property rights. If the exclusive owner If the debt cannot be paid off, the court may auction the patentee's patent to pay off the debt. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.