1. How to handle a patent application that includes two or more patent applications
1. If a patent application includes two or more invention, utility model or design applications, it shall be handled according to the following circumstances:
(1) The applicant can Before the expiration of the time limit specified in Paragraph 1 of Article 54 of the Implementing Rules of the Patent Law, a divisional application must be filed with the Patent Administration Department of the State Council;
(2) However, If the patent application has been rejected, withdrawn or deemed withdrawn, a divisional application cannot be filed.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Fourth Article 12 If a patent application includes two or more inventions, utility models or designs, the applicant may file a divisional application with the patent administration department of the State Council before the expiration of the time limit specified in Paragraph 1 of Article 54 of these Rules; However, if the patent application has been rejected, withdrawn or deemed withdrawn, a divisional application cannot be filed.
The Patent Administration Department of the State Council considers that a patent application does not comply with Article 31 of the Patent Law and Article 34 or 35 of these Rules If specified, the applicant shall be notified to modify the application within the specified period; if the applicant fails to respond within the specified period, the application shall be deemed to have been withdrawn.
The divisional application shall not change the category of the original application.
2. What are the rights of the patentee
1) Exclusive right to implement: refers to the legal right of the patentee to manufacture, sell or use its patented products or patented methods.Exclusive rights;
2) Import rights: refers to the rights that the patentee enjoys in accordance with the law within the validity period of the patent right and prohibits others from doing so without permission or authorization. The right to import patented products for business purposes;
3) Transfer right: refers to the right of the patentee to transfer the ownership of the patent he has obtained to others;
4) Implementation licensing right: refers to the right of the patentee to license others to implement its patent and collect patent royalties through the implementation of a licensing contract;
5) Right to give up: refers to the right of the patentee to give up its patent rights in a written statement or by not paying an annual fee at any time before the expiration of the protection period;
6) Marking right: refers to the patentee’s right to put a patent mark on the patented product or the product’s packaging, container, instructions, and product advertisements. and patent number rights.
According to the provisions of the "Patent Law Implementing Rules", an applicant who applies for a patent includes more than two inventions, utility models or design applications may file a patent application in the Patent Law. If a divisional application is filed before the expiration of the time limit specified in Paragraph 1 of Article 54 of the Implementing Rules, but the patent application has been rejected, the divisional application cannot be filed. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
