1. How to be responsible for the company's patent application
Applying for patent rights for the company , the company must entrust the party concerned as its agent to apply for a patent on the company’s behalf and issue a power of attorney. The agent can apply for a patent to the patent management department with a power of attorney and patent-related materials.
"Patent Law of the People's Republic of China"
Article 18 No habitual residence in China If foreigners, foreign enterprises or other foreign organizations with business offices apply for patents and handle other patent matters in China, they shall entrust a patent agency established in accordance with the law to handle them.
Chinese entities or individuals that apply for patents and handle other patent matters domestically can entrust a patent agency established in accordance with the law to handle them.
Patent agencies shall abide by laws and administrative regulations and handle patent applications or other patent matters as entrusted by the agent; they shall not be responsible for the contents of the agent’s inventions and creations. Unless the patent application has been published or announced, the applicant shall be responsible for confidentiality. The specific management measures for patent agencies shall be stipulated by the State Council.
"Patent Agency Regulations"
Article 7 The organizational form of a patent agency shall be Partnership, limited liability company, etc.
Article 8 Patent agencies in the form of partnerships or limited liability companies that engage in patent agency business shall meet the following conditions:
(1) Have a patent agency name that complies with laws and administrative regulations;
(2) Have a written partnership agreement or company articles of association ;
(3) Have an independent business location;
(4) Partners and shareholders comply with relevant national regulations.Article 14 When a patent agency accepts an entrustment, it shall enter into a written entrustment contract with the client. After a patent agency accepts an entrustment, it shall not accept entrustment from other parties with conflicts of interest regarding the same patent application or patent rights matters.
A patent agency shall appoint a patent agent practicing in the agency to handle the patent agency business. The assigned patent agent himself and his close relatives shall not be involved in the patent agency business with him or her. Agency business involves conflicts of interest.
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 a description is needed for pictures or photos, 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 protected by a design patent.If there are clients who are not protected by design patents, the examiner will issue a notice of examination opinion, and the applicant shall respond to the notice of examination opinion or modify the application documents.
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 company is responsible for applying for a patent, the patent agency can require the company to issue an entrustment contract. The agency can apply for a patent to the patent management department with the entrustment contract, patent application materials and other materials. If you need legal help, readers can go to the Legal Savior Network for consultation.
