Is the unauthorized patent application protected?

Patents must apply for Patent rights before they are protected by law, and patent rights and patent application rights can be transferred. After the patent application, the patent management department will review the patent to see whether there are reasons for rejection. Then, will the unauthorized patent application be subject to legal protection? Protected? The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone.

1. Whether the unauthorized patent application is protected

The patent is being applied for During the process, if the patent right has not been formally granted, the patent application will not be protected by law. The patent will not be protected by law until the patent right is granted.

"Patent Law of the People's Republic of China"

Article 39 Invention patent application procedures If no reason for rejection is found during the substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.

Article 40 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 the utility model patent right or design patent right. The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.

Article 64 The scope of protection of an invention or utility model patent shall be based on the content of the claims. The description and drawings may be used to explain the claims. Content.

The scope of protection of design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.

2. What documents are required to submit a patent application?

If applying for an invention patent, the application documents should include: Request for Invention Patent , abstract, abstract drawings (when applicable), description, claims, description drawings (when applicable), each in duplicate.

For invention patent applications involving amino acid or nucleotide sequences, the sequence list should be included in the description. The sequence list should be submitted as a separate part of the description and be continuous with the description. Write the page numbers, and also submit a CD or floppy disk containing the sequence list that complies with the regulations of the State Intellectual Property Office.

When applying for a utility model patent, the application documents should include: request for utility model patent, abstract, abstract drawings (when applicable), description, claims, Instructions and drawings, each in duplicate.

When applying for a design patent, the application documents should include: design patent request, pictures or photos (if color protection is required, color pictures or photos should be submitted) and a brief description of the design, each in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed.

When applying for a patent, you should fill in the patent application request form (including name, inventor or applicant, contact person, application document list, etc.).

Through the above analysis, we know that according to the provisions of the Patent Law, if no reason for rejection is found after a patent application is reviewed, the patent right will be granted and the patent will be protected by law. . During the patent application period, if the patent right is not officially granted, the patent is not protected by law. If you need legal help, readers can go to the Legal Savior Network for consultation.