What are the procedures for changing a utility model patent?
(1) Fill out the "Declaration Form for Change of Bibliographic Items" and provide documentation proving the change of bibliographic items.
The materials proving changes in the bibliographic items refer to:
1. If the applicant or patentee has rights transferred due to disputes over ownership of rights, or the inventor has changed due to disputes over 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 legally effective People's Court judgment shall be submitted. After receiving the judgment, the Patent Office shall notify the other parties to inquire whether to file an appeal. If no appeal is filed within the designated period (two months), If the party replies or clarifies that there is no appeal, the judgment will become legally effective; if an appeal is filed, the party concerned shall issue a notice of acceptance of the appeal, and the original People's Court judgment will not have legal effect.
If the dispute is mediated and decided by the local Intellectual Property Office (or corresponding functional department), the Patent Office After receiving the mediation decision, the other parties should be notified to inquire whether to file a lawsuit with the court; 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 parties should issue a court acceptance letter. The notice and the original mediation decision have no legal effect.
2. The patent applicant or patentee requires a change of patent applicant due to the transfer or donation of rights. or patentee, the original or notarized copy of the transfer or donation contract must be submitted; if the contract is entered into by a legal person, the contract must be signed or stamped by the legal representative or an authorized person, and stamped The official seal of the legal person or the special seal for the contract; notarized documents must be submitted when necessary. When citizens enter into a contract,It must be signed or stamped by the person; notarized documents must be submitted if 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.
(2) The transfer of patent application rights or 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, the original copy of the transfer contract signed by both parties or a notarized copy must be submitted to the Patent Office;
(2) If the transferor is a legal person or individual in mainland China, and the transferee is an overseas resident or legal person, the approval of the foreign economic and trade department of the State Council in conjunction with the science and technology administration department of the State Council must be issued Approval of the transfer, as well as the original copy of the transfer contract signed and signed by both the transferor and the transferee or a notarized copy of the transfer contract;
(3) If the transferor is an overseas resident or legal person, and the transferee is a legal person or individual in mainland China, the original copy of the notarized transfer contract signed by both parties must be presented to the Patent Office;
(4) The procedures for changing the bibliographic items of the above-mentioned patent application rights or transfer of patent rights must be handled by the applicant or patentee of the transferor or the patent agency entrusted by them.
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. Residents or legal persons of Macao, 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.
How to apply for a patent
Invention patent application approval process
Patent application—acceptance—preliminary examination—publication—request for substantive examination—substantive examination—authorization
Documents that need to be submitted when applying for an invention patent
Request letter: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc.
Instructions: including the name of the invention patent, the technical field to which it belongs, background technology, content of the invention, description of the drawings and toolsbody implementation.
The content of the manual should be written in detail, and the technical content described should be able to be implemented by ordinary technicians in the technical field after reading it.
Claims: describe the technical features of the invention and clearly and briefly state the content requested for protection.
Instructions and drawings: Invention patents often have drawings. If text alone is enough to describe the technical solution clearly and completely, there is no need for drawings.
Abstract of the description: clearly reflect the technical problem to be solved by the invention, the main points and main uses of the technical solution to solve the problem.
Utility model patent application
1. Utility model patent application approval process
Patent application—acceptance—preliminary examination—announcement—authorization
2. Documents required to apply for a utility model patent
1) Request letter: including the name of the utility model patent, the name of the inventor or designer, the name and address of the applicant, etc.
2) Description: including the name of the utility model patent, the technical field, background technology, invention content, description of the drawings and specific implementation methods.
The content of the manual should be written in detail, and the technical content described should be able to be implemented by ordinary technicians in the technical field after reading it.
3) Claims: describe the technical features of the utility model and clearly and briefly state the content requested for protection.
4) Instructions and drawings: Utility model patents must be accompanied by drawings.
5) Summary of the description: clearly reflect the technical problem to be solved by the invention, the key points and main uses of the technical solution to solve the problem.
Application for appearance patent
Process of applying for appearance patent
Patent application-acceptance-preliminary examination-announcement-authorization
Documents that need to be submitted for appearance patent
Request letter: including the name of the appearance patent, the name of the designer, the name of the applicant, name, address, etc.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.
No comments yet. Say something...