1. When is it necessary to apply for a patent?
1. Whether to apply for a patent is general It is up to the unit or individual with the right to apply for a patent to decide, but in certain circumstances, in order to better protect the interests of the right holder, the right holder needs to apply for a patent, such as before the product is exported, before the company goes on the market, and the innovation results are "seen" previous situation.
2. Legal basis:
Article 6 of the Patent Law of the People's Republic of China
Inventions and creations that are carried out to perform the tasks of the unit or are mainly completed by utilizing the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. The unit may dispose of the right to Apply for patents and patent rights for its service-based inventions and creations in accordance with the law, and promote the implementation and application of relevant inventions and creations. For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee. For inventions and creations completed by utilizing the unit's material and technical conditions, if the unit has a contract with the inventor or designer, and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.
2. How much does it cost to apply for a patent?
1. The money required to apply for different types of patents is different. When applying for an invention or utility model patent, documents such as a request, a description and its abstract, and claims must be submitted.
2. Application fee, application surcharge, publication and printing fee, priority claim fee, invention patent application substantive examination fee, review feeExamination fees, patent registration fees, announcement printing fees, annual fees, rights restoration request fees, deadline extension request fees; bibliographic item change fees, patent rights evaluation report request fees, invalidation declaration request fees.
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