Who is the patent issuing unit
According to the provisions of my country’s patent law, After the patent passes the examination, the patent administration department of the State Council will authorize the patent, and the patent administration department of the State Council generally refers to the State Intellectual Property Office.
"Patent Law of the People's Republic of China"
Article 34 Patent Administration Department of the State Council After receiving an invention patent application, if it is determined through preliminary examination that it meets the requirements of this Law, it will be published immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
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 the invention The patent certificate shall 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.
What are the departments in charge of patent work
(1 ) The Patent Administration Department of the State Council (State Intellectual Property Office). Responsible for managing patent work across the country: uniformly accepting and reviewing patent applications, and granting patent rights in accordance with the law. The main responsibilities include: implementing the Patent Law and its implementation rules, studying the law enforcement functions of relevant patent management agencies, supervising the implementation of various patent laws and regulations, and punishing illegal and infringing behaviors.
(2) Patent Reexamination Committee of the State Intellectual Property Office. According to the Patent Administration Department of the State Council (State Intellectual Property Office)It is composed of designated technical experts and legal experts to accept requests for reexamination of patents and requests for invalidation of patent rights. Including:
(1) Reexamination request filed against the decision of the Patent Office to reject the application and revoke or maintain the patent right:
(2) Hear the request for invalidation, etc.
(3) Local departments that manage patent work. Refers to the patent management departments established by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and the people's governments of districted cities with large workloads of patent management and actual processing capabilities, and are responsible for patent management within their respective administrative regions. Including: handling patent infringement dispute cases: investigating and handling counterfeiting of other people's patents and patent counterfeiting; and mediating patent disputes.
(4) National and local defense patent agencies. The National Defense Patent Agency is responsible for accepting and examining defense patent applications. The department in charge of science, technology and industry for national defense under the State Council and the General Armament Department of the Chinese People's Liberation Army are responsible for the management of national defense patents in the local system and the military system respectively.
What are the types of patent substantive examination systems?
Substantial The censorship system is divided into two types: immediate censorship system and delayed censorship system.
1. Instant review system, also known as one-time review system. Immediately after the Patent Office conducts a formal review of the application, without the applicant requesting a substantive review, it will immediately review the content of the patent application for novelty, inventiveness and practicality to determine whether to grant the patent right. The advantage of the instant review system is that it can ensure the quality of the patent rights granted and reduce litigation disputes, which simplifies the review process to a certain extent. The disadvantage is that the approval time is long and a large patent examination agency is required. Currently, the United States, Canada, Sweden and other countries implement this censorship system.
2. Delayed review system, also called early public request review system. That is, after the Patent Office conducts a formal examination of a patent application, it does not immediately conduct a substantive examination. Instead, it first makes the application public. The applicant can request a substantive examination at any time within a period of time from the date of application. After the applicant submits the substantive examination, After the request for examination, the Patent Office will only conduct a substantive examination if it has been disclosed. If the applicant does not submit a request for substantive examination within the statutory time limit, the application will be deemed to have been automatically withdrawn. National regulations requireThe statutory time limit for substantive examination varies, ranging from 2 to 7 years. It takes 7 years in Japan, West Germany, and the Netherlands, 5 years in Australia and other countries, 2 years in Brazil, and 3 years in my country.
The above knowledge is the editor's answer to the question "Who is the patent issuing unit?" According to the provisions of my country's patent law, after the patent passes the examination, it is issued by The patent administration department of the State Council authorizes patents, and the patent administration department of the State Council generally refers to the State Intellectual Property Office. If readers need to find a lawyer to consult on legal issues, they are welcome to go to the Legal Savior Network for legal consultation.