Intellectual Property Registration Steps What are they
1. Patent application
To apply for a patent, the applicant should first When submitting a patent application to the State Intellectual Property Office, you should submit the necessary application documents and pay relevant fees as required. At the same time, patent applications can be in written form or electronic form.
2. Acceptance by the Patent Office
After the applicant submits the patent application, the Patent Office Determine the patent application date, give the application number, and issue an acceptance notice.
3. Preliminary examination
After the patent office accepts the application, it will conduct a preliminary examination review. After passing the preliminary review, it will be announced within 18 months from the date of application.
4. Substantive review
If the substantive examination is qualified, the Patent Office will grant Patent rights to the applied utility model or design patent; if it is unqualified, the applicant should modify the application documents accordingly, and the patent will be granted to those who are qualified, and to those who are unqualified. Patent application rejected.
5. Grant of patent rights
After receiving the notice of grant of patent rights, the applicant shall Registration is required. The applicant shall pay the patent registration fee, annual fee and announcement printing fee within the prescribed time limit, and shall also pay stamp duty on the patent certificate. The applicant can obtain the patent certificate only after completing the registration procedures.
After receiving the authorization notice and registration formalities notice, the applicant shall Go through the registration procedures and pay the prescribed fees within 2 months in accordance with the requirements of the notice. If the registration procedures are completed and the prescribed fees are paid within the time limit, the Patent Office will grant the patent right, issue a patent certificate, and register the patent It is recorded in the registration book and announced in the Patent Gazette, and the patent right takes effect from the date of announcement.
Failure to complete registration procedures within the prescribed time limit shall be deemed to have given up the right to obtain patent rights.
Legally speaking, intellectual property rights have three most obvious legal characteristics:
First, the regional nature of intellectual property rights, that is, in addition to the international Except for conventions or bilateral or multilateral agreements, rights acquired under the laws of a country can only be valid within the territory of that country and are protected by the laws of that country
Second, intellectual property rights The exclusivity of intellectual property rights means that only the right holder can enjoy it, and others may not exercise their rights without the permission of the right holder
The third is the temporal nature of intellectual property rights. The laws of various countries have strict regulations on knowledge. Property rights are respectively stipulated for a certain period, and after the expiration, the rights are automatically terminated.
Head of the Intellectual Property Department of Lantai Law Firm, which focuses on the legal protection of intellectual property rights. "Intellectual property rights refer to the exclusive rights that citizens, legal persons or other organizations enjoy in accordance with the law on the intellectual achievements completed by creative labor. They are protected by law and cannot be infringed." ”
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.
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