Where to apply for changes in utility model patents
Utility model patent changes require an application to the National Patent Administration.
Patent rights change process
The patentee is the owner of the patent right and the collective name of the holder, that is, the patent applicant who is granted the patent right when the patent application is approved. The patentee can be either an organization or an individual. If you want to change the patentee, what is the process for changing the patentee?
1. Fill out the "Declaration Form for Change of Bibliographic Items" and provide documentation proving the change of bibliographic items.
The materials proving the change of the bibliographic items refer to: span>
1. If the applicant or patentee has rights transferred due to disputes over ownership of rights, or the inventor has changed due to disputes over qualifications, if the dispute is resolved through negotiation, a rights transfer agreement signed or stamped by all parties shall be submitted. ; If the dispute is determined by a judgment of the People's Court, the legally effective judgment of the People's Court shall be submitted. After receiving the judgment, the Patent Office shall notify other parties to inquire whether to file an appeal. If there is no reply within the specified time limit or it is clear that no appeal has been filed, , the judgment will become legally effective; if an appeal is filed, the party concerned shall issue a notice of acceptance of the appeal, and the original People's Court judgment will not have legal effect.
If the dispute is mediated and decided by the local Intellectual Property Office (or corresponding functional department), after receiving the mediation decision, the Patent Office shall notify the other parties and inquire Whether to file a lawsuit with the court; if there is no reply within the specified period (two months) or it is clear that no lawsuit has been filed, the mediation decision will become legally effective; if a lawsuit is filed, the party concerned shall issue a court acceptance notice, and the original mediation decision will not have legal effect.
2. Human rights of the patent applicant or patentee If the rights are transferred due to a transfer or donation and it is required to change the patent applicant or patentee, the original or notarized copy of the transfer or donation contract must be submitted; if the contract is entered into by a legal person, it must be signed by the legal representative or The authorized person signs or seals the contract, and affixes the official seal of the legal person or the contract-specific seal; if necessary, notarized documents must be submitted. When a citizen concludes a contract, he or she must sign or seal; if necessary, notarized documents must be submitted. How many If there are multiple patent applicants or patentees, proof materials proving that all rights holders agree to the transfer or donation should be submitted.
Patent application rights or transfers of patent rights involving overseas residents or legal persons shall comply with the following provisions:
(1) If both the transferor and the transferee are overseas residents or legal persons, both parties must be submitted to the Patent Office. Original copy of the signed transfer contract or a notarized copy;
(2) If the transferor is a legal person or individual in mainland China, and the transferee is an overseas resident or legal person, an approval letter from the foreign economic and trade department of the State Council jointly with the science and technology administration department of the State Council approving the transfer must be issued, as well as the transferor's The original text of the transfer contract signed by both parties and the transferee or a notarized copy of the text of the transfer contract;
(3) If the transferor is an overseas resident or legal person, and the transferee is a legal person or individual in mainland China, a notarized copy of the transfer contract signed by both parties must be issued to the Patent Office. Original;
(4) The right to apply for the above patent or The procedures for changing the bibliographic items of a patent right transfer must be handled by the transferor's applicant or patentee or the patent agency entrusted by them.
In (1)-(3) above Overseas residents or legal persons refer to foreigners, foreign enterprises, residents or legal persons in Hong Kong, Macao and Taiwan who do not have a habitual residence or business place in mainland China; those who have a habitual residence or business place in mainland China can be classified as Chinese residents or legal persons Regulations on patent application rights and transfer of patent rights.
3. If the applicant or patentee is a legal person, a legally binding document must be issued for changes in the bibliographic items caused by its merger, reorganization, division, cancellation, bankruptcy or restructuring.
4. Occurrence due to death of the applicant or patentee In the case of inheritance, a document issued by a notary office proving that the party is the only legal heir or that the party includes all legal heirs should be submitted. Unless otherwise expressly provided, co-heirs shall jointly inherit the right to apply for a patent or the patent right.
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