What does patent authorization mean?

Patent licensing refers to the patentee reaching consensus with other parties on licensing matters related to the patentee’s exclusive patent rights (including use, sale, production, etc.). Regarding the question of what patent authorization means, the editor of Legal Savior Network will answer it in detail for you below.

1. What does patent authorization mean?

1. Patent authorization means The patentee and other parties reach consensus on matters related to the licensing of the patentee’s exclusive patent rights (including use, sale, production, etc.). And the patent authorization should be reflected in writing.

2. Legal basis:

Article 12 of the Patent Law of the People's Republic of China , any unit or individual that exploits another person's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.

Article 13 of the "Patent Law of the People's Republic of China", after the invention Patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees .

Article 14 of the "Patent Law of the People's Republic of China", if the co-owners of the patent application right or the patent right have an agreement on the exercise of the right, the agreement shall prevail. If there is no agreement, the co-owners can exploit the patent alone or license others to exploit the patent in the form of a general license; if others are permitted to exploit the patent, the royalties collected shall be distributed among the co-owners. Except for the circumstances specified in the preceding paragraph, the exercise of a jointly owned patent application right or patent right shall require the consent of all co-owners.

2. What are the invention patent application procedures?

1. The applicant provides original technical information and personal (unit) information ;

2. Entrust a patent agency, sign an agency agreement, and write a patent application document that meets the requirements of the patent law; if necessary, you can search first

3. Submit the patent application documents to the National Patent Office, obtain the patent application number, and pay the patent application fee as required;

4. After entering the preliminary examination and passing the examination, the invention patent application will be published in the patent gazette and website 18 months after the application date; according to the applicant's request, the invention patent application can also be published in the application Request for early disclosure at any time within 15 months from the date of application;

5. Entering the substantive examination (substantial examination) stage: The applicant can apply within 3 years from the date of application. You can file a substantive examination with the Patent Office at any time, or you can file a substantive examination after the patent application is published. If you file a substantive examination, you must pay the patent substantive examination fee according to regulations;

6 , after substantive examination, the patent meets the practicality, novelty, and creativity of the invention, the patent right is granted, and the patent application maintenance fee, annual fee, printing fee, and certificate cost are paid as required, and the invention patent certificate is obtained; the authorized invention patent An announcement will be made.

7. If the priority of an earlier invention patent application is required, the relevant information of the earlier application should be provided.

When applying for a patent, you must submit necessary application documents and pay fees as required. Patent applications must be processed in paper form or electronic application form. Verbal explanations or provision of samples or models cannot be used in place of paper or electronic application documents.

All formal documents must be signed and sealed in accordance with regulations, and the signature and seal must be exactly the same as the name or title filled in the request. The signature may not be copied. Procedures involving the transfer of rights must be signed and sealed by all applicants. Other procedures may be handled with the signature and seal of the applicant's representative. If a patent agency is entrusted, the signature and seal of the patent agency shall be handled.

If supporting documents or attachments are required for the procedures, the original or duplicate supporting documents and attachments shall be used, and photocopies shall not be used. If there is only one original copy, a copy can be used, but it must be accompanied by a certificate issued by a notary office that the copy is consistent with the original.

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