1. When will you receive the certificate after the patent is authorized?
1 . According to the relevant laws of our country, if the patentee authorizes others to use the patent, the patent certificate will not be given to the authorized person, but the two parties will sign a license contract to prove that the patent is authorized to use.
2. Legal provisions: "Patent Law of the People's Republic of China"
39 If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.
Article 40 If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant the utility model patent right or design patent right. The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
Article 12 Any unit or individual that exploits another person's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.
2. Is the patent license contract required to be filed?
If the patent license is confirmed, certain procedures need to be completed in accordance with the law. When going through the formalities, some people will go to the relevant agencies to register in order to ensure that the patent licensing contract can be protected. In fact, if you want to apply for a patent license, you only need to complete the following procedures:
1. You must enter into a written license contract with the patentee;
2. You must pay patent royalties as agreed;
Moreover, in practice, there is no clear charging standard for patent licenses, and the fees are negotiated by both of you. The fees are usually based on the technology market conditions and what can be obtained after the technology is put into production. Profit benefits, etc. for reference.
3. The patentee shall submit the patent license contract to the state within 3 months from the date of the effective date of the contract. The Intellectual Property Office submits the application for approval.
However, China's patent law and relevant regulations do not clearly stipulate the effectiveness of patent contract filing. The effect of filing is to antagonize the patentee. Or the exclusive implementation licensor. In other words, if the patentee licenses you and then licenses it to others to exclusively implement the patent, then you can continue to use it within the scope of the original license without being affected, otherwise you may be banned Implementation. Of course, in that case you can also claim breach of contract from the patentee.
But if you want to file a filing, don’t forget to bring the following Several documents:
(1) Patent implementation license contract filing application form;
(2) Patent implementation license contract;
(3) Proof of identity of the licensor and you (individuals need to submit a copy of their ID card, and companies need to submit a stamped official seal A copy of the business license and a copy of the organization code certificate. Public institutions must submit a copy of the legal person certificate of the public institution with the official seal and a copy of the organization code certificate);
(4) A power of attorney for the licensor and you to jointly entrust an agent to handle relevant procedures;
(5) If you are looking for an agent, you need a copy of the agent’s ID card File.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, if the patentee authorizes others to use the patent, the patent right The certificate will not be given to the authorized person, but both parties will sign a license contract to prove that the patent is authorized for use. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
