What does patent authorization time mean
Patent authorization time refers to patent management The time when the department grants the patent right to the applicant, and the patent authorization time directly affects the time when the patent right takes effect.
"Patent Law of the People's Republic of China"
Article 39 Invention patent application procedures If no reason for rejection is found during the substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.
Article 40 If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant the utility model patent right or design patent right. The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
Article 42: The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years. Calculated from date.
What are the conditions for obtaining patent rights?
If the applicant does not apply to the Patent Office of the State Intellectual Property Office, no patent right will be granted no matter how important or economically beneficial the invention is. . The first condition for obtaining a patent right is that the applicant files a patent application for his invention and creation with the Patent Office of the State Intellectual Property Office. That is, if the enterprise or individual who invents and creates the invention does not apply, his invention and creation will not be protected by the patent law, that is, Patent rights cannot be obtained.
When an applicant files a patent application, the patent applicant needs to have a deep understanding of the relevantRelevant to the substantive and procedural provisions of the law on authorization, and have considerable patent application experience. Generally, patent applications are entrusted to professional patent agencies, which can greatly increase the authorization rate, save patent applicants time and expenses, and help Patent applicants obtain appropriate patent rights; there are many factors that affect patent rights during the examination process, among which the differences in personal examination levels of examiners will also affect the acquisition of patent rights. Patent examinations implement independent examination combined with examination quality control, but different examinations The examination level and subjectivity of the examiners vary greatly, which may affect the acquisition of patent rights.
The second condition for obtaining patent rights is that the Patent Office of the State Intellectual Property Office, after receiving the applicant’s patent application, has relevant basis for the invention-creation applied for. The application will be reviewed according to the law, and if it complies with the provisions of the relevant laws, the applicant will be granted a patent right. That is, only a patent application that meets the provisions of the law after review can obtain a patent right. In the above process, there are many factors that affect obtaining patent rights. The patent application needs to comply with the format requirements and content requirements of patent application documents stipulated in the Patent Law and perform various procedures. The most important among them is that the essence of the invention-creation for which the patent is applied for must meet legal requirements. substantive conditions for granting patent rights.
What are the characteristics of patent rights?
1. Proprietary Property: Proprietary property, also known as exclusivity, refers to the patentee’s exclusive right to manufacture, use, sell, and import his invention. In other words, no unit or individual may manufacture, use, sell, or import its patented products for production and business purposes without the permission of the patentee. Otherwise, it is patent infringement.
2. Regionality: Except for international conventions or bilateral reciprocal agreements, it refers to the patent rights granted by a country in accordance with its own patent law. It is valid within the scope of jurisdiction and has no binding force on other countries. Foreign countries have no obligation to protect its patent rights. In other words, if an invention-creation has only obtained patent rights in our country, if someone manufactures, uses, and sells the invention-creation in another country, it will not be an infringement.
3. Temporality: refers to the fact that the patentee’s exclusive right to his invention and creation is only valid within the time specified by law. After the expiration of the period, the patent The right holder no longer has the exclusive rights to manufacture, use, sell and import his invention. At this time, any unit or individual can use the technology free of charge. The protection periods for invention patents, utility model patents, and design patents stipulated in my country's current patent law are 20 years, 10 years, and 10 years respectively from the date of application.
The above knowledge is the editor's answer to the question "What does the patent authorization time mean?" The patent authorization time refers to the time when the patent management department grants the applicant the patent right. The patent authorization time directly affects the validity of the patent right. Time. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
