1. Whether the patentee can add his or her name
Yes.
For a completed invention and creation, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual who completed or jointly completed it; after the application is approved, the applying unit or individual shall be the patentee." The number of patent applicants does not There are restrictions, so no matter how many people can apply for a patent, the same applies to the signature of the patent.
2. Patent application process
1. Filling in and writing patent application documents
There are specific requirements for filling in and writing patent application documents , the applicant can fill or write it by himself, or he can entrust a patent agency to handle it for him. Although it is not compulsory to appoint a patent agent, considering the importance of carefully drafting patent application documents and the legal rigor of the approval process, it is worth promoting for inexperienced applicants.
2. Acceptance of patent applications
Patent Office Acceptance Office or various patent office agencies After receiving the patent application, for applications that meet the acceptance conditions, the application date will be determined, the application number will be given, and an acceptance notice will be issued.
3. Pay the application fee
If you submit the patent application documents in person, you can obtain the acceptance The application fee will be paid after the notification and application fee payment notice. If an application is submitted by mail, the application must be submitted after receiving the acceptance notice and paying the application fee.Pay the application fee after receiving the notice, because the application fee needs to indicate the corresponding application number, but the date for payment of the application fee must not exceed two months from the date of application.
4. Patent approval process
According to the Patent Law, the approval process for invention patent applications includes There are five stages: acceptance, preliminary review, publication, actual review and authorization. Utility model or design patent applications are not subject to publication and substantive examination during approval, but only three stages: acceptance, preliminary examination and authorization.
5. Active modification and correction of patent application documents
Modification of patent application documents Active modification and correction is also a procedure that applicants can choose according to their needs. Applications for utility model and design patents are only allowed to submit active amendments within two months from the filing date; applications for invention patents are only allowed when a request for substantive examination is made and after receiving a notice from the Patent Office that the invention patent application has entered the substantive examination stage. Actively modify the patent application documents within three months from the date of application.
6. Application rejection
The decision of the patent applicant on the rejection of the application by the Patent Administration Department of the State Council If you are dissatisfied, you may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. The reexamination procedure is an error-correction procedure that prevents patent applications that should be approved from not being approved due to the examiner's level, experience, misunderstanding of the law, etc., and provides a legal remedy to patent applicants. After review, the Patent Reexamination Board will make a decision and notify the patent applicant. If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
7. Patent review process
(1) The State Intellectual Property Office rejects the patent The application decision includes two situations: one is that the State Intellectual Property Office, after preliminary examination, considers that the invention, utility model or design patent application does not comply with the provisions of the patent law and rejects it; the other is that the State Intellectual Property Office passes the substantive review After review, it was considered that the invention patent application did not comply with the provisions of the Patent Law and was rejected.
(2) When requesting a reexamination to the Patent Reexamination Board, a reexamination request should be submitted, explaining the reasons, and attaching relevant evidence if necessary. If the reexamination request does not comply with the prescribed format, the reexamination requester shall make corrections within the time limit specified by the Patent Reexamination Board;If no corrections have been made, the request for review shall be deemed not to have been made. The requester may modify the patent application documents when submitting a request for reexamination or responding to the reexamination notice issued by the Patent Reexamination Board
(3) The Patent Reexamination Board shall The accepted reexamination request shall be forwarded to the original examination department of the Patent Administration Department of the State Council for review. If the original examination department agrees to revoke the original decision based on the request of the reexamination requester, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination requester.
(4) After the Patent Reexamination Board conducts reexamination, if it considers that the reexamination request does not comply with the relevant provisions of the Patent Law and its implementing rules, it shall notify the reexamination requester and require him or her to State your opinion within the specified time limit. If there is no reply within the time limit, the reexamination request shall be deemed to have been withdrawn; after stating its opinions or making modifications, if the Patent Reexamination Board believes that it still does not comply with the relevant provisions of the Patent Law and its Implementing Rules, it shall make a reexamination decision to maintain the original rejection decision; Patent Reexamination After the committee conducts a reexamination, if it believes that the original rejection decision does not comply with the relevant provisions of the Patent Law and its Implementing Rules, or if it believes that the revised patent application documents have eliminated the defects pointed out in the original rejection decision, it shall revoke the original rejection decision and let the original examination department continue. Conduct a review process.
5. The reexamination requester may withdraw his reexamination request before the Patent Reexamination Board makes a decision. If the reexamination requester withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure will be terminated. If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
Through the editor's introduction, we can understand that the patentee can add his name, but he must meet certain conditions. This is very important. And applying for a patent requires going through a certain process. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.
