How does a patent applicant obtain provisional protection?

There is a certain time limit for a patent Applicant to apply for patent protection. One of the provisions is that the applicant can apply for temporary protection of the patent, and the application must be made at the patent office. If the patent office announces it in advance, how can the patent applicant obtain temporary protection? ? The editor of Legal Savior Network will give you the answer.

How can a patent applicant obtain temporary protection

After the utility model or design patent application is announced, you can obtain the same invention patent Application for the same temporary protection after publication. That is, the applicant can require the unit or individual who implements the utility model or design to pay appropriate fees. If the unit or individual who implements the utility model or design refuses to pay the royalties, the applicant may, after the patent application is approved, request the patent management authority for mediation in accordance with the provisions of the Patent Law, or may directly file a lawsuit with the People's Court. When the patent administration agency mediates the case, it shall have the right to decide that the unit or individual implementing the utility model or design shall pay appropriate fees within a specified period of time. If the party concerned is dissatisfied with the decision of the patent administration authority, he may file a lawsuit in the People's Court.

Article 13 of the Patent Law stipulates: "After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees." From this point of view In the future, if an applicant wants to obtain temporary protection, the patent office must publish its patent application as a prerequisite. Therefore, after the patent office determines the filing date, but before the patent application is published, if the applicant self-published the content of the invention or informed the relevant units or individuals of the invention, he will not be able to obtain temporary protection. However, this situation does not affect the applicant's ability to obtain patent rights. If the applicant wants to publish his patent application as soon as possible, he can request the Patent Office to publish his application in advance in accordance with Article 34 of the Patent Law. If the Patent Office publishes his application in advance, the applicant can obtain temporary protection