1. Can the patent right be confirmed when applying for a patent?
Applying for a patent right Afterwards, if the patent right is not granted by the patent management department, the patent right cannot be confirmed. Patent rights can only be confirmed after authorization.
"Patent Law of the People's Republic of China"
Article 39 Invention patent application procedures If no reason for rejection is found during the substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.
Article 40: If no reason for rejection of a utility model or design patent application is found after preliminary examination, the patent administration department of the State Council shall make a decision to grant a utility model patent or design patent. The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
2. How to apply for a design patent
1. The applicant applies to the State Intellectual Property Office. The applicant's patent application should include the following documents:
(1) Design patent application letter, pictures or photos.
(2) If color protection is required, color pictures or photos should also be submitted in duplicate.
(3) If you submit pictures, they should all be pictures. If you submit photos, they should all be photos. Pictures or photos should not be mixed.
(4) If you compare pictures or photosIf the film needs explanation, a brief description of the design should be submitted.
(5) If a patent agency is entrusted, a power of attorney should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
2. Waiting for review by the State Intellectual Property Office.
(1) After the State Intellectual Property Office accepts the application, it will issue an "Acceptance Notice", and the applicant should submit the application fee after receiving it.
(2) After the preliminary examination, the examiner will issue a notice of correction to the formal problems existing in the application. At this time, the applicant should make corrections in response to the notice. Correction. At the same time, the examiner will examine whether the client is a client of design patent protection. If there is a client who is not protected by design patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Revise.
3. If the applicant passes the preliminary examination, the examiner will issue a notice of grant of patent right. After receiving the notice of grant of patent right, the applicant needs to do the following: Registration procedures: Pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the prescribed period.
4. The applicant can obtain the patent certificate after completing the registration procedures.
Through the above analysis, we know that according to the provisions of the Patent Law, if a patent application is only made and the patent management department does not grant a patent right, the applicant has not obtained the patent right. . After examination, the patent management department will issue a patent certificate, register and announce it at the same time. Patent rights come into effect upon announcement. If you need legal help, readers can go to the Legal Savior Network for consultation.
