How to go through the procedures for granting patent rights

If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model Patent rights and design patent rights take effect from the date of announcement. After the patent administration department of the State Council issues a notice granting a patent right, the applicant shall complete the registration procedures within 2 months from the date of receipt of the notice. If the applicant completes the registration procedures on time, the patent administration department of the State Council shall grant the patent right, issue a patent certificate, and make an announcement. Failure to complete the registration formalities upon expiration shall be deemed to have given up the right to obtain patent rights. Regarding the question of how to handle the procedures for granting patent rights, the editor of Legal Savior Network will answer it in detail for you below.

1. How to handle the procedures for granting patent rights

1. Utility models and If no reason for rejection of a design patent application is found after preliminary examination, the patent administration department of the State Council will make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model patent rights and design patent rights take effect from the date of announcement. After the patent administration department of the State Council issues a notice granting a patent right, the applicant shall complete the registration procedures within 2 months from the date of receipt of the notice. If the applicant completes the registration procedures on time, the patent administration department of the State Council shall grant the patent right, issue a patent certificate, and make an announcement. Failure to complete the registration formalities upon expiration shall be deemed to have given up the right to obtain patent rights.

2. Legal basis:

"Patent Law of the People's Republic of China" 38 Article 11: After the applicant states his opinions or makes modifications to the invention patent application, if the patent administration department under the State Council still considers that the application does not comply with the provisions of this Law, it shall be rejected.

Article 39 of the "Patent Law of the People's Republic of China", if no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention The patent right is determined, an invention patent certificate is issued, and the invention is registered and announced at the same time. The invention patent right shall take effect from the date of announcement.

Article 40 of the "Patent Law of the People's Republic of China", if no reason for rejection is found after preliminary examination of utility model and design patent applications, the patent administration department of the State Council shall Make a decision to grant a utility model patent or design patent and issue the corresponding patentCertificate, registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.

2. What are the procedures for patent transfer

1. To transfer a patent, you must first sign a transfer contract, go through the registration procedures at the Patent Office, and the Patent Office will announce the contract. The contract will take effect from the date of registration.

2. A patent application right transfer contract means that the transferor transfers the right to apply for a patent for his invention to the transferee, and the transferee pays the agreed The contract entered into for the price.

3. The process of patent transfer is not complicated. Generally speaking, it is to draft a contract and then go to the Patent Office to register and announce it. But the preparation before patent transfer is much more difficult. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.