What formalities and procedures are required to change the patentee
1 , fill in the "Declaration Form for Change of Bibliographic Items" and provide documentation proving the change of bibliographic items.
The materials proving the change of the bibliographic item refer to:
1. The applicant or the patentee’s personal rights In the event of a transfer of rights in an ownership dispute or a change in the inventor's qualifications, 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, the rights transfer agreement shall be submitted. For a legally effective People's Court judgment, after receiving the judgment, the Patent Office shall notify the other parties to inquire whether to file an appeal. If there is no reply within the specified time limit (two months) or it is clear that no appeal has been made, the judgment shall become legally effective; an appeal shall be filed. , the party concerned shall issue a notice of appeal acceptance, and the original People's Court judgment shall not be legally effective.
If the dispute is mediated and decided by the local intellectual property office (or corresponding functional department), after receiving the mediation decision, the Patent Office shall notify other parties and inquire whether to submit The court initiates a lawsuit; if there is no reply within the designated period (two months) or it is clear that no lawsuit has been filed, the mediation decision will become legally effective; if a lawsuit is filed, the party concerned shall issue a court acceptance notice, and the original mediation decision will not have legal effect.
2. If a patent applicant or patentee has a transfer of rights due to the transfer or donation of rights and requires a change of patent applicant or patentee, the transfer must be submitted Or the original or notarized copy of the donation contract; the contract is concluded by a legal person, and the legal representative or authorized person must sign or seal the contract, and affix the official seal of the legal person or the special seal for the contract; 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.
Patent application rights or transfers of patent rights involving overseas residents or legal persons shall comply with the following provisions:
(1) If both the transferor and the transferee are overseas residents or legal persons, they mustSubmit the original copy of the transfer contract signed by both parties or a notarized copy to the Patent Office;
(2) The transferor is a legal person or individual in mainland China, and the transferee If the party 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, as well as the original text of the transfer contract signed by both the transferor and the transferee or a notarized transfer contract Copy of text;
(3) If the transferor is an overseas resident or legal person, and the transferee is a legal person or individual in mainland China, the signatures of both parties must be issued to the Patent Office. The notarized original copy of the transfer contract;
(4) The above-mentioned change procedures for the patent application right or patent right transfer must be completed by the applicant of the transferor or The patentee or the patent agency entrusted by him shall handle the matter.
Overseas residents or legal persons in the above (1)-(3) refer to foreigners and foreign enterprises that do not have a habitual residence or business office in mainland China. Hong Kong, Residents or legal persons of Macao and Taiwan; those who have a habitual residence or business office in mainland China can apply for patent application rights and transfer of patent rights in accordance with the regulations of Chinese residents or legal persons.
3. If the applicant or patentee is a legal person, changes in the bibliographic items caused by its merger, reorganization, division, cancellation, bankruptcy or restructuring must issue a legal document Effective documents.
4. If inheritance occurs due to the death of the applicant or the patentee, the party shall be submitted to the notary office to issue a certificate if the party is the only legal heir or the party has included all legal heirs. certified documents. Unless otherwise expressly provided, co-heirs shall jointly inherit the right to apply for a patent or the patent right. Finally, the bibliographic item change fee (200 yuan) must be paid within one month from the date of request.
"Patent Law Implementation Regulations"
Article 119 Submitting application documents or completing various procedures to the patent administration department of the State Council shall be signed or stamped by the applicant, patentee, other interested parties or their representatives; if a patent agency is entrusted, the patent agency shall stamp it.
Request to change the name of the inventor, the name, nationality and address of the patent applicant and patentee, the name, address and name of the patent agency , the bibliographic matters should be handled with the patent administration department of the State CouncilChange procedures, and attach documentation proving the reasons for the change.
The above is the relevant legal knowledge prepared by the editor for you. If you still have questions, it is recommended that you consult a professional lawyer on the Legal Savior Network.
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