What to do when the patent expires

The subject of Patent rights is the employer of the inventor or designer of the invention. Service inventions and creations refer to inventions and creations that are completed while performing the tasks of the unit or mainly by utilizing the material and technical conditions of the unit. Below, the editor of Legal Savior Network will compile relevant information for you, hoping it will be helpful to you.

What to do if the patent right expires

Patent application is granted patent right After that, the patentee shall prepay the annual fee for the next year one month before the expiration of each year. If the annual fee is not paid or fully paid upon expiration, the Patent Office will issue a payment notice to notify the patentee to pay the annual fee within 6 months from the expiration date, and pay late payment fees at the same time. The amount of the late payment fee is calculated as an additional 5% of the full annual fee for that year for each month beyond the specified payment time; if the payment is not made at the end of the period, the patent right will be terminated from the date of expiration of the annual fee payable.

When does the patent right expire

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The termination of patent rights can be divided into:

( 1) Termination upon expiration of the term:

Invention patent rights shall be maintained for 20 years from the date of application, and utility model or design patent rights shall be maintained for 10 years from the date of application. Termination in accordance with the law;

(2) Termination without payment:

The Patent Office will issue a payment notice After notifying the applicant to pay the annual fee and late fee, if the applicant still fails to pay or fully pays the annual fee and late fee, the patent right shall be terminated from the expiration date of the previous year.

Rights

(1) Implementation permission p>

It means that the patentee can license others to implement its patented technology and collect patent royalties. To license others to exploit a patent, the parties shall enter into a written contract.

(2) Right of transfer

Patent rights can be transferred. To transfer patent rights, the parties shall enter into a written contract and submit it to the State Council Patent Office Registration by the administrative department shall be announced by the Patent Administration Department of the State Council, and the transfer of patent rights shall take effect from the date of registration. Any transfer of patent rights by a Chinese entity or individual to a foreigner must be approved by the relevant competent department of the State Council.

(3) Right of labeling

It means that the patentee has the right to label its patented product or the packaging of the product Rights to patent marks and patent numbers.

Obligations

The main obligation of the patentee is to pay annual patent fees. Article 43 of the Patent Law stipulates: The patentee shall pay annual fees starting from the year when the patent right is granted. Failure to pay annual fees as required may result in the termination of the patent right.

In addition, the unit that obtains a service invention-creation patent shall, after granting the patent right, reward the inventor or designer in accordance with regulations; after the patent is implemented, the company shall promote it according to its For the economic benefits obtained from the application, reasonable remuneration should be paid to the inventor or designer in accordance with regulations.

The above is the editor of Legal Savior Network We have compiled information on relevant patent regulations for everyone. In summary, we can understand that the objects protected by the patent law refer to inventions and creations that should be granted patent rights according to law. The objects of the patent law include inventions, utility models and designs. Kind. If you have any other questions, please feel free to consult a lawyer on the Legal Savior Network online.