What is the procedure for changing patent rights? ?
The process for changing the patent owner is that if an individual or unit transfers patent application rights or patent rights to a foreign country, it must go through the national patent management With the approval of the authority, the transferor of the patent application right or the patent right shall jointly sign a transfer contract in compliance with the provisions of the Patent Law with the transferee, and apply to the patent management department for recognition and registration procedures.
Generally speaking, if there is a change in rights, only a copy of the patent registration book can be obtained. That is to say, after the patent right is transferred, the Patent Office will no longer issue a new certificate. To prove that you are the owner of the right, you need the Patent Office to issue a copy of the patent register. This is a valid legal document and is actually no different from a patent certificate.
1. Any transfer of patent application rights or patent rights by Chinese individuals or units (including units owned by the whole people and collectively owned units) to foreign countries must be approved by the national patent administration agency. ;
2. The assignor of the patent application right or the patent right must jointly sign a written "transfer" with the assignee that complies with the Patent Law and relevant laws. Contract";
3. You must go to the patent management department to apply for recognition and registration procedures;
4. The "Transfer Contract" and the "Declaration Form for Change of Bibliographic Items" should be submitted to the national patent management agency, and the fees should be paid at the same time. The transfer of the patent application right or patent right will not officially take effect until the national patent management agency announces it in the Patent Gazette.
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What should you pay attention to when entrusting a lawyer to litigate a lawsuit?
(1) Qualifications must be reviewed
The Lawyers Law stipulates that a lawyer refers to a person who has obtained a lawyer's practicing certificate in accordance with the law and provides legal services to the society. Persons who have not obtained a lawyer's practicing certificate are not allowed to practice in the name of lawyers and are not allowed to engage in litigation representation for the purpose of seeking economic benefits. Or defense business. Therefore, when a client hires a lawyer, he must check the lawyer’s qualifications to see if he has a lawyer’s practicing certificate.
(2) Understand the organization
A law firm is a lawyer's practice institution. When hiring a lawyer, you must go to the law firm to learn about the lawyer's practice institution. Because the Lawyers Law stipulates that lawyers If he practices illegally or causes losses to a client due to his fault, his law firm shall bear the liability for compensation.
(3) An agreement must be signed
When hiring a lawyer, you must sign a written agreement that clearly stipulates the rights and obligations of both parties. In particular, don’t be careless about the fees for hiring a lawyer. Be sure to state whether you won the case or lost the case. How much each costs, as well as the first-instance and second-instance fees, must be clearly written in the agreement, and a receipt must be issued when making payment.(4) Authorization must be clear
Some parties fill out a power of attorney when hiring a lawyer, but do not specify the scope of authorization. They think that as long as they pay Lawyers, everything is handled by lawyers. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and are not clear about the outcome of the case. Who knows, the authorizer will be held responsible for the legal consequences of unclear authorization. .
(5) Pay carefully
[Warm reminder] This is based on current issues Based on experience, courts in different regions have subtle differences in trial standards. When handling cases, you must choose a professional lawyer. Click for quick consultation to communicate with the lawyer one-on-one about your legal claims and safeguard your legitimate rights and interests!