1. How to write the dependent claims of an invention or utility model
1 Dependent claims for an invention or utility model shall include a reference part and a qualifying part, and shall be drafted in accordance with the following provisions:
(1) Reference part: indicate the right to quote The required number and subject name;
(2) Qualified part: indicate the additional technical features of the invention or utility model.
Dependent claims can only refer to previous claims. Multiple dependent claims that cite two or more claims can only cite the previous claim in an alternative way and cannot serve as the basis for another multiple dependent claim.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Second Article 12 Dependent claims of an invention or utility model shall include a quoted part and a qualifying part, and shall be drafted in accordance with the following provisions:
(1) Cited part: indicate the citation The number of the claim and its subject name;
(2) Qualifying part: State the additional technical features of the invention or utility model.
Dependent claims can only refer to previous claims. Multiple dependent claims that cite two or more claims can only cite the previous claim in an alternative way and cannot serve as the basis for another multiple dependent claim.
2. Rights of the Patentee
1. The right to implement its patents by oneself, that is, oneself Enjoy the act of manufacturing, using, selling, offering to sell and importing its patented products or using its patented methods.
2. The right to license others to implement its patents, and is The licensor obtains the corresponding patent implementation rights and pays patent royalties to the patentee. According to the scope and authority of the licensee's acquisition of implementation rights, patent implementation licenses can be divided into the following types:
(1) Exclusive implementation license, referred to as exclusive license, means that within a certain time and effective geographical scope, the licensee enjoys exclusive implementation rights, and the patentee is not allowed to license implementation to others. the patent, and the patentee himself is not allowed to exploit the patent;
(2) Exclusive license to exploit, referred to as exclusive license or exclusive license, means that within a certain period Within the scope of time and valid territory, the patentee only allows the licensee to implement the patent right, and may not allow others to implement the patent, but the patentee himself can implement the patent;
(3) Ordinary implementation license, also known as ordinary license, means that within a certain time and effective geographical scope, the patentee can license other people while allowing the licensee to implement the patent right. To implement the patent, the patentee himself can also implement the patent;
(4) Cross-implementation license, referred to as cross-license or interchangeable implementation license, refers to two Patent holders mutually license each other to exploit their own patents;
(5) Sub-licensing, referred to as sub-licensing, means that the patent holder licenses the licensee Implement its patent, and at the same time authorize the licensee to license a third party to implement the patent.
3. The right to prohibit others from implementing the patent, without the patent right Without the permission of a person, no unit or individual may implement its patent, that is, it may not manufacture, use or sell its patented products or use its patented methods for production and business purposes.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture or sell its design patented products for production and business purposes.
4. The right to request protection. For infringement of the patent without the patent owner's permission, the patent owner or interested parties may request the patent management agency to handle the matter, or they may directly file a lawsuit in the People's Court.
5. The right to transfer patent rights. Patent application rights and patent rights are transferable. Any transfer of patent application rights or patent rights by a unit owned by the whole people must be approved by the superior authority. Any transfer of patent application rights or patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities of the State Council. To transfer patent application rights or patent rights, the parties must enter into a written contract, which will take effect after being registered and announced by the Patent Office.
6. The right to indicate the patent right on the product. The patentee has the right to indicate the patent mark and patent number on its patented product or the packaging of the product.
According to the provisions of the Implementing Rules of the Patent Law, the dependent claims of an invention or utility model should include a quotation part and a qualification part. The cited part: indicates the number of the cited claim and its subject name; the qualified part: indicates the additional technical features of the invention or utility model. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
