What are the regulations for the time when the patent owner changes
The law has no clear restrictions on the time for the patentee to change.
Patent changes, generally called changes to the recorded items, refer to , if some information of the patent, such as the right holder, inventor, agency, etc., needs to be changed, a bibliographic item change declaration must be made.
Rights owned by the patent owner
(1) The right to implement its patent. Implementation in the sense of patent law, for invention or utility model patents, includes five acts of manufacturing, using, offering for sale, selling and importing: for product patents, the patentee can manufacture, use, offer for sale, sell and import. Its patented products; for process patents, you can use its patented methods and use, offer to sell, sell, and import products directly obtained according to the patented method; for design patents, this includes manufacturing, selling, and importing.
(2) Allow other units and individuals to implement its patents Rights, which are called “licenses” in the Patent Law. Through a licensing contract, the licensee does not obtain patent rights, but only obtains the right to implement the patent, that is, the right to manufacture, use, sell and import patented products or use patented methods for production and business purposes. . The license must be concluded in a written contract, and the licensee must pay royalties to the patentee.
(3) The right to prohibit other units or individuals from exploiting its patent. After the patent right is granted, unless otherwise provided by law, the patentee has the right to prohibit any unit or individual from exploiting its patent. This This right reflects the exclusivity of the patent right and is the most important aspect of the patent right.
(4) The right to request protection. When the patent right is infringed, the patentee has the right to request the patent management agency to handle it, or to file a lawsuit directly with the People's Court. The patent management agency has the right to order the infringer to stop infringement. conduct and compensate for losses.
(5) Transfer its patents rights.
(6) The right to waive its patent .Abandonment is also a way to dispose of patent rights. Abandonment can be carried out by submitting a written application to the Patent Office, or it can be achieved without paying annual fees.
(7) The right to indicate the patent mark and patent number on the patented product or the packaging of the product. The patent mark can be "Chinese patent" or similar words. The patent number is the serial number assigned by the Patent Office when granting patent rights. The Patent Law stipulates that, such asIf others infringe upon the rights of the patentee, counterfeit the patent, and pass off non-patented products or patented methods as patented products or patented methods, the patentee may request the patent management agency to take care of itself or directly file a lawsuit in the People's Court.
The above is the relevant content summarized by the editor of Legal Savior Network , if there is anything you still cannot understand about this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.
