Can Mr. Li file a patent application as an applicant? Why?

Let me be brief: 1Mr. Li can apply for a patent in his own name.

That is, the applicant and the patentee are both Mr. Li) - Mr. Li's position is sales (and translation), not technical research and design. — Li did it in his spare time. (Exceptions to contracts with the company) 2

No matter what technology Li used, he has improved and innovated and can apply for a patent) We must be clear about the patent application and the history of patent development. - Patents are used as technical barriers to prevent the recurrence of unfair competition; - In order to promote the technological revolution and progress, it is possible to apply for additional patents for innovation on the basis of patents; (Good luck all the way, copyright copy must be investigated!) Rule 22 Inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Novelty refers to the fact that the same invention or utility model has not been publicly published in domestic and foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no application for the same invention or utility model filed by others with the patent administration department and recorded in the patent application documents published after the filing date. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the art existing before the filing date, and the utility model has substantial features and progress. Utility means that the invention or utility model can be manufactured or used and can produce positive effects. Oh.

Personally, I think this involves whether it is a service invention or a non-service invention! Based on what the landlord said, I think it's okay! Prerequisites:

1. The present invention is a research and invention of a certain person. 2. In the process of invention, the research resources of the company are not used. 3. Mr. Li did not use the private technology of the company's products.

Reason: If the above conditions are true, you can become an applicant, and if the above conditions are not true, you can also sign a contract with the company, and you can also become an applicant! Recommendations:

Please consult with the patent agency!

According to China's patent law, the fields that cannot be granted patents are: nuclear transformation methods, scientific discoveries, animal and plant varieties, rules and methods of intellectual activities, methods of diagnosing diseases, methods of disease development, etc. However, the method of production of animal and plant varieties is excluded.

Article 22 of the Patent Law, which came into effect on June 1, 2021, shall be novel, inventive and practical for which a patent is granted. Article 26 Where an application for a patent for invention or utility model is made, a written request, a description thereof, an abstract and a claim shall be submitted. Rule 34 After receiving an application for a patent for invention, the patent administration department shall, after preliminary examination, find that it meets the requirements of this Law, and publish it immediately after 18 months from the date of application.

The patent administration department may publish the application at an early date on the basis of the applicant's plea. Rule 35 Within three years from the filing date of an application for a patent for invention, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Before a patent can be granted, it is necessary to complete the patent application. Because the applicant's patent needs to be scored by the institution before it can be granted, and the patent can be perfected to make the grant valid, so the patent needs to be perfected before the sum is excavated.

According to the relevant laws of China, if the inventor applies for patent registration or blocking, the applicant may withdraw his patent application at any time before the patent is granted.

Legal basis] Article 32 of the Patent Law provides that the applicant may withdraw his patent application at any time before the patent is granted.

The applicant has the right to dispose of this right on his own. After applying for a patent, the applicant may withdraw the patent application for various reasons. According to the Detailed Rules for the Implementation of the Patent Law, if the applicant withdraws the patent application, it shall submit a declaration to the Patent Office, indicating the name of the invention-creation, the application number and the filing date.

The declaration of withdrawal of the patent application is made after the Patent Office has made preparations for the printing of the patent application documents for publication, and the application documents are still published. When a patent application is withdrawn, the Patent Office will not refund the application fee and other fees that have already been paid.

Basis for legal defeat:

Patent Law of the People's Republic of China Article 32 The applicant may withdraw his patent application at any time before the grant of the patent right.

Summary. According to Article 32 of the Patent Law of the People's Republic of China, an applicant may withdraw his patent application at any time before the grant of the patent right.

According to China's patent law, the applicant is granted a patent before the patent is granted.

According to Article 32 of the Patent Law of the People's Republic of China, an applicant may withdraw his patent application at any time before the grant of the patent right.

According to China's patent law, the applicant applies for a patent before the patent is granted. a.It can be withdrawn at any timeC. cannot be withdrawnWithin a certain period of absence, Feng Tong can withdraw the correct answer: aIt can be withdrawn at any time.

According to the Chinese patent law, the applicant has applied for a patent before the patent is granted.

a.It can be withdrawn at any time.

b.It cannot be withdrawn.

c.Within a certain period of time, you can withdraw the shout and call back.

Correct Answer: a

Answer]: AC

The knowledge points to be assessed in this question are the subject of the patent application right. This knowledge point is now the test point in "Enterprise Legal Operation Consulting Practice". According to Article 6 of the Patent Law, the Struggle is determined to:

The right to apply for a patent for a service invention-creation belongs to the unit; For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer. "Of course, the patent application right of the valve developed by Factory A belongs to Factory A. Although Qi is the engineer of factory B, Qi is a self-determined project, self-purchased equipment and scientific research materials, and uses his spare time to independently complete the development of the valve, which does not belong to the service invention and creation, and the right to apply for a patent belongs to Qi himself.

Therefore, the engineers of factory A and factory B have the right to apply for patents. Therefore, the correct answer to this question is AC.

However, if the same applicant applies for both a utility model patent and an invention patent for the invention and creation of the same ridge mu on the same day, the utility model patent right obtained first has not been terminated, and the applicant declares that the utility model patent right has been waived, and the invention patent right may be granted. Two or more applicants apply for patents for the same invention and creation, and the patent right is granted to the first applicant with the wild stove.

China's Patent Law stipulates that if the patent invention is not found to meet the requirements after preliminary examination, it shall be publicly disclosed.

a.It must be at least 18 months from the filing date to do so.

b.It will be published at the end of 18 months from the date of the successful application, but it may be published at the request of the applicant.

c.It can only be requested by the person who has been requested.

d.It must be 12 months from the date of the petition to count the amount of fuel.

Correct answer: B