1. What are the ways to obtain patent rights?
1. Original acquisition , that is, the patent owner and other persons who are qualified to apply for a patent can file a patent application with the Patent Office;
2. Acquisition by inheritance, that is, the parties can transfer, Obtain patent rights through inheritance, donation, etc.
3. Legal basis: "Patent Law of the People's Republic of China"
Twenty-two Article 1: Inventions and utility models for which patent rights are granted must possess novelty, creativity and practicality.
Article 10: The right to apply for a patent and the patent right may be transferred.
When a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it shall be handled in accordance with the provisions of relevant laws and administrative regulations. formalities.
When transferring patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
2. How many years is the patent right valid?
1. The legal protection of patent rights is time-sensitive. The term of invention patent rights in my country is twenty years, and the term of utility model patent rights and design patent rights is ten years. , are calculated from the date of application
2. Inventions and creations refer to inventions, utility models and designs.
3. Invention refers toNew technical solutions proposed for products, methods or their improvements.
4. Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
5. Appearance design refers to the aesthetic effect of the overall or partial shape, pattern or combination of the product, as well as the combination of color, shape, and pattern. And new designs suitable for industrial applications.
The above is the editor’s knowledge about how to obtain patent rights. The methods of obtaining patent rights include original acquisition and inherited acquisition. Patent transfer requires signing a written agreement and registering it with the Patent Administration Department of the State Council. If you hope that the above content will be helpful to you, if you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.