What should I do if one party independently registers a patent for a jointly developed product
You can file a lawsuit in court, collect evidence, and reasonably maintain own rights and interests.
"Civil Code"
Article 860 [Ownership of technical achievements in cooperative development contract] For inventions and creations completed through cooperative development, the right to apply for a patent belongs to all parties involved in the joint development; if one party transfers its jointly owned right to apply for a patent, the other parties shall have the priority to receive the transfer under the same conditions. However, unless otherwise agreed by the parties.
Parties in the cooperative development If one party declares to give up its shared right to apply for a patent, the other party may apply alone or jointly with other parties, unless otherwise agreed by the parties. Applicant obtains patentThe party that waives the right to apply for a patent can exploit the patent free of charge.
Parties in the cooperative development If one party does not agree to apply for a patent, the other party or other parties may not apply for a patent.
Patent registration process
1. Acceptance stage
The Patent Office will review the patent application after receiving it. If it meets the acceptance conditions, the Patent Office will determine On the application date, an application number will be given, and after the document list has been verified, an acceptance notice will be issued to notify the applicant. If the application documents are not typed, printed or illegible, or have been altered; or the drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred or altered; or the application documents are incomplete; or the request is missing If the applicant's name and address are unknown; or if the patent application category is unclear or cannot be determined, and patent applications submitted directly by foreign entities and individuals without a patent agency, they will not be accepted.
2. Preliminary review stage
If the accepted patent application pays the application fee in accordance with regulations, it will automatically enter the preliminary examination stage. . Before the preliminary examination, the invention patent application must first undergo a confidentiality review. If confidentiality is required, it shall be handled according to confidentiality procedures.
In the preliminary examination, it is necessary to examine whether the application has obvious defects, which mainly includes whether the content of the examination falls within the scope of not granting patent rights in the Patent Law, and whether there is an obvious lack of technical content that cannot be It constitutes a technical solution, whether it lacks unity, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it must also undergo a qualification review and application procedure review. If it is unqualified, the Patent Office will notify the applicant to make corrections within the prescribed time limit or If you state your opinions and do not reply within the time limit, the application will be deemed to have been withdrawn. If the defects have not been eliminated after the reply, it will be rejected. If the invention patent application passes the preliminary examination, a preliminary examination passing notice will be issued. For utility model and design patent applications, In addition to the above review, it is also necessary to review whether it is obviously the same as the existing patent and is not a new technical solution or new design. If no reason for rejection is found after the preliminary review, it will directly enter the authorization order.
3. Announcement Stage
The invention patent application starts from the issuance of the preliminary examination qualification notice Entering the publication stage, if the applicant does not make a request for early disclosure, the application will not enter the public preparation process until 15 months from the application date. If the applicant requests early disclosure, the application will immediately enter the public preparation process. After format review and editing Proofreading, computer processing, typesetting and printing, and about three months later the summary of the specification will be published in the Patent Gazette and a single copy of the specification will be published. After the application is published, the applicant obtains the right to temporary protection.
4. Substantive review stage
After the invention patent application is published, if the applicant has submitted a request for substantive examination and it has been effective, the applicant will enter the substantive examination procedure. If If the applicant has not submitted a request for substantive examination within a year from the date of application, or the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
5. Authorization stage
If no reason for rejection is found after preliminary examination of utility model and design patent applications and substantive examination of invention patent applications, the The examiner issues an authorization notice and the application enters preparation for authorization registration. After reviewing the legal validity and completeness of the authorization text and proofreading and revising the bibliographic items of the patent application, the Patent Office issues an authorization notice and a registration formalities notice. After receiving the notice, the applicant shall complete the registration procedures and pay the prescribed fees within 2 months in accordance with the requirements of the notice. If the registration procedures are completed on time, the Patent Office will grant the patent right, issue a patent certificate, and record it in the patent register. It will be announced in the Patent Gazette two months later. Failure to complete the registration procedures as required will be deemed to have given up the right to obtain the patent right.
6. Review stage
The patent reexamination procedure is a relief channel for applicants when a patent application is rejected. According to the provisions of Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines reexamination requests and makes decisions.
7. Patent invalid
In the enterprise's patent application and patent application, patent invalidation is used by enterprises and units One of the most numerous patent regulations (should be second only to patent applications). Patent invalidation has become a necessary means and technique in patent litigation.
The above is the "Cooperative ResearchI hope everyone can learn more about what to do if a party independently registers a patent for a product it has released. If you encounter a situation where your legitimate rights and interests are infringed upon in the future, you can use legal weapons to protect your legitimate rights and interests. If your The situation is complicated. The Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.
