What are the time requirements for patent rights changes
There is no time requirement for the change of patent rights. Patent changes are generally called Change of bibliographic items refers to some information of the patent, such as the rights holder, inventor, agency, etc. If you want to change it, you must make a report for change of bibliographic items.
How to change the patentee
(1) Fill in the "Declaration Form for Change of Bibliographic Items" ”, and provide documentation proving changes in the bibliographic items.
The materials proving changes in the bibliographic items refer to:
1. The applicant or patentee has a dispute over the ownership of rights. In case of transfer or change of inventor due to qualification disputes, if the dispute is resolved through negotiation, a rights transfer agreement signed or stamped by all parties shall be submitted; if the dispute is determined by a people's court judgment, a legally effective people's court agreement shall be submitted. The court’s judgment was received by the Patent OfficeAfter the judgment is issued, the other parties shall be notified to inquire whether an appeal has been filed. If no reply is made within the designated period (two months) or it is made clear that no appeal has been filed, the judgment shall become legally effective; if an appeal is filed, the party concerned shall issue a notice of acceptance of the appeal and the original people's Court judgments have no legal effect.
If the dispute is filed by the local intellectual property office (or corresponding If a mediation decision is made by a functional department), after receiving the mediation decision, the Patent Office shall notify the other parties and inquire whether to file a lawsuit with the court; if there is no reply within the specified time limit or it is clear that no lawsuit has been filed, the mediation decision shall become legally effective; if a lawsuit is filed, the party shall A court acceptance notice should be issued, and the original mediation decision will have no legal effect.
2. Patent applicant or If the patentee's rights are transferred due to the transfer or donation of rights, and the patent applicant or patentee is required to be changed, the original or notarized copy of the transfer or donation contract must be submitted; the contract is entered into by a legal person and must be The legal representative or authorized person shall sign or stamp the contract, and affix the official seal of the legal person or the contract-specific seal; if necessary, notarized documents must be submitted. When a citizen concludes a contract, it must be signed or stamped by himself; notarized documents must be submitted when necessary. If there are multiple patent applicants or patent holders, proof of consent of all patent holders to the transfer or donation should be submitted.
(2) Patent applications involving overseas residents or legal persons The transfer of rights or patent rights shall comply with the following provisions:
(1) If both the transferor and the transferee are overseas residents or legal persons, the original copy of the transfer contract signed by both parties or a notarized copy must be submitted to the Patent Office;
(2) The transferor is a legal person or individual in mainland China , if the transferee is an overseas resident or legal person, the transfer must be approved by the foreign economic and trade department of the State Council in conjunction with the science and technology administrative department of the State Council, and the original or notarized transfer contract signed by both the transferor and the transferee. Copy of the transfer contract text;
(3) Transfer If the party is an overseas resident or legal person, and the transferee is a legal person or individual in mainland China, the original copy of the notarized transfer contract signed by both parties must be presented to the Patent Office;
(4) The procedures for changing the bibliographic items of the above-mentioned patent application rights or transfer of patent rights must be completed by the applicant or patentee of the transferor. The right holder or the patent agency entrusted by him shall handle the matter.
Overseas in (1)-(3) above Residents or legal persons refer to foreigners, foreign enterprises, residents or legal persons in Hong Kong, Macao and Taiwan who do not have a habitual residence or business place in mainland China. Those who have a habitual residence or business place in mainland China can be classified as Chinese residents or legal persons. Regulations on transfer of application rights and patent rights.
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