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The copy of the patent certificate has the same legal effect as the original.
On February 22, 2018, the State Intellectual Property Office issued the Announcement on Matters Concerning the Composition of Patent Certificates and Copies of Patent Certificates (No. 257).
In order to meet the relevant needs of the parties in economic and legal activities, the State Intellectual Property Office has further optimized the composition of patent certificates and copies of patent certificates on the basis of providing real-time, convenient and transparent information inquiry channels to patentees and the public through the Internet platform, and no longer has a single copy of the patent attached. The relevant matters are hereby announced as follows:
1. For patents issued after March 2, 2018 (inclusive) to April 24, 2018 (excluding that date), the patent certificate issued by the State Intellectual Property Office includes the first page of the certificate and the title page of the patent single book.
2. For patents issued after April 24, 2018 (inclusive), the State Intellectual Property Office will issue a new version of the patent certificate and a copy of the patent certificate after the date of the announcement of the grant. The new version of the patent certificate and the copy of the patent certificate will cancel the patent single copy, and add the authorization announcement number and the address information of the patentee.
IIIThe old and new versions of the patent certificate and the copy of the patent certificate have the same legal effectUnless otherwise specified, the old version of the patent certificate and the copy of the patent certificate that have been issued will not be replaced with the new version of the patent certificate and the copy of the patent certificate.
4. From the date of the announcement of the grant, the patentee and the public can inquire and obtain the corresponding patent single copy from the China Patent Publication and Announcement System of the State Intellectual Property Office.
According to the above provisions, the original copy of the patent certificate has no difference in legal effect except for the different names.
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The difference between a copy of a patent certificate and a patent certificate is that a copy of a patent certificate is stamped with the words copy in the upper right corner of the first page of the certificate. The patent certificate is a legal certificate issued to the patent applicant after the patent application has been examined and qualified, no reason for rejection has been found, and the conditions for granting the patent right are met. In fact, only one patent certificate can be obtained for one patent.
When there are more than two patentees for a patent, the Patent Office issues a patent certificate to the first patentee.
When there are two or more patentees of a patent, and the co-owners wish to obtain a patent certificate, they may request the patent office to issue a copy of the patent certificate, which has the same legal effect as the patent certificate. The format and content of the copy of the patent certificate and the original patent certificate are actually the same, and both are composed of the first page of the certificate and the single copy of the patent. The only difference is that the copy of the patent certificate is stamped by hand in the upper right corner of the first page of the certificate.
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Legal analysis: The application for a copy of the patent certificate includes the following aspects: 1. The procedures for applying for a design patent mainly include:
Filing, acceptance, payment, preliminary examination, grant of patent rights, issuance of patent certificates, etc.; 2. How to apply: You can apply by paper or electronically. The application can be made by the applicant himself/herself, or it can be entrusted to a patent agency.
If there are multiple patentees of a patent, the State Intellectual Property Office will only issue a patent certificate to the first patentee after the service patent registration procedures, and if the other co-owners need a patent certificate, they may request the State Intellectual Property Office to issue a copy of the patent certificate.
Legal basis: Article 23 of the Patent Law of the People's Republic of China The design for which the patent right is granted shall not belong to the existing design, and no unit or individual has filed an application for the same design with the patent administration department before the filing date, and it shall be recorded in the patent documents published after the application date. The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design.
The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date. For the purposes of this Law, the term "existing design" refers to a design that has been known to the public at home and abroad before the filing date.
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Summary. Hello, the difference between a copy of a patent certificate and a patent certificate is that the copy of a patent certificate is stamped with the words copy by hand in the upper right corner of the first page of the certificate. Because the patent certificate is issued only after the patent application has passed the examination, no reason for rejection has been found, and the conditions for granting the patent right are met, and the decision to grant the patent right is made by the patent administration department, the difference between the copy of the patent certificate and the patent certificate is that the copy of the patent certificate is manually stamped with the seal of the word copy in the upper right corner of the first page of the certificate.
Hello, the difference between a copy of a patent certificate and a patent certificate is that the copy of a patent certificate is stamped with the words copy by hand in the upper right corner of the first page of the certificate. Because the patent certificate is issued only after the patent application has passed the examination, no reason for rejection has been found, and the conditions for granting the patent right are met, and the decision to grant the patent right is made by the patent administration department, the difference between the copy of the patent certificate and the patent certificate is that the copy of the patent certificate is manually stamped with the seal of the word copy in the upper right corner of the first page of the certificate. <>
Hello, we need to pay attention to the fact that the original copy of the patent certificate is not different in terms of legal effect except for the different names. <>
I use patents to add points to the household, only the original patent in hand, ** department on the grounds that there is no copy, refusing to accept the information, is it legal?
Hello, according to Article 42 of the Patent Law, the term of a patent for invention is 20 years, and the term of a utility model patent and a design patent is 10 years, both of which are calculated from the filing date. <>
Is it valid to use the original and copy together?
Hello, your mood is very understandable, we only need to apply for a copy of the register in this case. If you do not have an invention patent and you have never been exposed to matters related to patent transfer, you can handle the purchase of patents and the application for a copy of the patent register through Zhuanzhihui. <>
Hello, yes. A copy of a patent certificate serves the same purpose as an original. <>
I have applied and am in the making, because today is the last day to receive the materials, so why do I have to show it at the same time to be effective?
Hello, the copy of the patent certificate is a document issued by the patent office to prove the patent right, and the essence is a proof of rights; The patent register is a document <> for the administration department to record the legal status and related matters of a patent after it is granted
If there is only the original, is it impossible to prove the ownership of the patent?
Hello, the patent certificate can prove that the patent right exists, but it is only available to a limited extent, and the patent certificate only proves that the patent application has been granted a patent right. <>
Therefore, we can prove the ownership of the patent if we only have the original. Don't worry about that. <>
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Legal analysis: The patent certificate is a legal certificate issued to the patent applicant after the patent application has been examined and qualified, no reason for rejection has been found, and the conditions for granting the patent right are met.
Legal basis: Patent Law of the People's Republic of China
Rule 42 The term of a patent right for invention shall be 20 years, and the term of a patent right for utility model and a patent right for design shall be 10 years, both of which shall be calculated from the date of application.
Rule 44 Under any of the following circumstances, the patent right shall be terminated before the expiration of the term of service:
1. Failure to pay the annual fee in accordance with the regulations.
2. The patentee renounces its patent right by a written statement.
If the patent right is terminated before the expiration of the term of the patent right, it shall be registered and announced by the patent administration department.