1. Disclosure methods before patent application
1. Before patent application The disclosure methods include self-disclosure and statutory disclosure. Self-disclosure is when the patent applicant takes the initiative to disclose to the public through publications, while statutory disclosure is when the patent administration department of the State Council announces the patent after preliminary review.
2. Legal basis: "Patent Law"
Article 34, State Council After the patent administration department receives an invention patent application and determines that it meets the requirements of this Law after preliminary examination, it will be announced immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35: Within three years from the filing date of an invention patent application, the patent administration department of the State Council may, based on the request made by the applicant at any time, proceed with the application. Substantive examination; if the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
2. What are the inheritance methods of patent rights and patent application rights
1. The methods of inheriting patent rights and patent application rights include: if there is a legacy support agreement or a will, the legacy support agreement is superior to the will. It is enough to inherit in an order superior to that of legal inheritance. And the aforementioned patent rights do not include the right of authorship, the right of modification and the right to protect the integrity of the work.
2. After the patentee dies, if he does not leave a will, or the will he leaves does not deal with the inheritance of the patent right, nor with Someone other than the legal heir enters into a bequest and support agreement to bequeath the patent right to the supporter.
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