What are the procedures for changing bibliographic items in patent applications
When going through the procedures for changing the bibliographic items , a declaration of change of bibliographic items should be submitted to the Patent Office, in which the changed items and the circumstances before and after the change should be filled in. If it involves changes in the Inventor, applicant, or patent agency, it is also necessary to attach supporting materials explaining the reasons for the change and pay a fee. stipulated fees. Specific requirements are explained below:
(1) Change of the title of the invention-creation The name of the invention-creation is both part of the request and part of the description. Therefore, if the name of an invention-creation is changed, in addition to submitting the application form for updating the bibliographic item, a statement of opinions explaining the reasons for the change should be attached. The change procedure can only be handled with the approval of the examiner.
(2) Change of inventor and designer There are two types of changes in inventors and designers: one is the change in the name of the inventor or designer, which is only a nominal change and does not involve a change in rights. If the name of the inventor or designer is changed, in addition to submitting the application form for change of bibliographic items, a certificate of name change issued by the household registration department should also be attached. The other is the change of inventor or designer. Since invention rights cannot be transferred or inherited, changes in inventors (including increase or decrease in the number of inventors) are mainly due to improper filing by the applicant or disputes over invention rights.
If it is necessary to change the inventor due to improper declaration, the applicant shall handle the change procedures on his behalf. In addition to submitting a declaration of change of bibliographic items, a copy of the declaration of improper declaration shall be attached. Detailed description of the situation and evidence that should be corrected or other circumstantial evidence of the inventor.
If there is a dispute over invention rights, you should request the patent management agency for mediation or file a lawsuit with the People's Court.
If the invention rights are returned after mediation by the patent management agency or a ruling by the People's Court, the legal inventor may apply for a patent based on a legally effective decision or judgment. Bureau handles the change procedures for bibliographic items.
(3) There are five main situations in which the applicant (or patentee) changes:
The applicant's name or title change is an individual. When changing the name, in addition to submitting a declaration of change of bibliographic items, a change certificate issued by the household registration department should also be attached. Proof of name; if the applicant is a unit, when changing the name of the unit, in addition to submitting the declaration form, it should also be accompanied by an approval document from the competent department agreeing to the name change, or a registration certificate for the change of name in the industrial and commercial administration department.
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