What kind of patent needs to pass substantive examination before it can be authorized
The Patent Law stipulates that, If an invention patent must pass substantive examination and there is no reason for rejection, it shall be authorized by the patent management department, while other patents shall not be authorized without examination.
"Patent Law of the People's Republic of China"
Article 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 and issue an invention patent certificate. be registered and announced 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.
How to apply for an invention patent
1. Patent application documents Fill out and write. There are specific requirements for filling in and writing patent application documents. Applicants can fill in or write them by themselves, or they can entrust a patent agency to handle them on their behalf. Although it is not compulsory to appoint a patent agent, considering the importance of carefully drafting patent application documents and the legal rigor of the approval process, it is worth promoting for inexperienced applicants.
2. How to pay the application fee. Application fees and other fees can be paid directly to the Patent Office Charge Office or Patent Office Agency, or by remittance through a bank or post office.
3. Time for payment of application fee. If the patent application documents are submitted in person, the application fee can be paid after receiving the notice of acceptance and payment of the application fee. If the application is submitted by mail, the application fee should be paid after receiving the notice of acceptance and payment of the application fee. The application fee must be paid after the application fee notice, because the corresponding application number needs to be stated when paying the application fee, but the date for paying the application fee must not exceed two months from the application date.
4. Active modification and correction of patent application documents. Active modification and correction of patent application documents is also a procedure that applicants can choose as needed. Utility model and design patent applications are only allowed Proactive amendments must be made within two months from the filing date; invention patent applications are only allowed to modify the patent application documents when submitting a request for substantive examination and within three months from the date of receipt of the notice from the Patent Office that the invention patent application has entered the substantive examination stage. Make proactive revisions.
5. Reply to various notices from the Patent Office.
6 . Maintenance of patent rights. After a patent application is granted a patent right, the patentee shall prepay the annual fee for the next year one month before the expiration of each year. If the payment is not made or is not paid in full, the Patent Office will issue a payment notice. A letter is issued to notify the patentee to pay the annual fee within six months from the expiration of the due date, and at the same time pay a late payment fee. The amount of the late payment fee will be increased by 5% of the full annual fee for that year for each month beyond the prescribed payment time. Calculation; if payment is not made at the end of the period or the amount paid is insufficient, the patent right shall be terminated from the date of expiration of the annual fee payable.
Infringement of patent rights Legal liability
According to the provisions of the Patent Law and its related laws, the legal liability that an infringer should bear includes civil liability, administrative liability and criminal liability. Responsibility.
1. Administrative responsibility
For patent infringement, the department that manages patent work It has the power to order the infringer to stop the infringement, order corrections, impose fines, etc. The department managing patent work can also mediate the amount of compensation for patent infringement at the request of the parties.
2. Civil liability
(1) Stop infringement
Stop infringement , means that the perpetrator of patent infringement shall immediately cease and desist based on the decision of the patent management department or the judgment of the people's court.Stop ongoing patent infringements.
(2) Compensation for losses
The amount of compensation for infringement of patent rights shall be determined by the patentee. The losses suffered by the infringer or the benefits obtained by the infringer shall be determined; if it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, they may be reasonably determined by referring to the multiple of the patent license fee.
(3) Eliminate the impact
When the infringer implements the infringement act, the patented product will When goodwill in the market is damaged, the infringer should take appropriate measures to bear the legal responsibility for eliminating the impact and admit his or her infringement in order to eliminate the adverse impact on the patented product.
3. Criminal liability
In accordance with the provisions of the Patent Law and Criminal Law, counterfeiting other people’s patents, If the circumstances are serious, the person directly responsible should be held criminally responsible.
The above knowledge is the editor’s answer to the question “What patents need to pass substantive examination before they can be authorized?” The Patent Law stipulates that invention patents must pass substantive examination and not be rejected. If there is a reason, it will be authorized by the patent management department, while other patents do not need to be reviewed and reviewed before being authorized. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
