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Nulecon's intellectual property professional answers for you:
Patent change, generally called bibliographic item change, refers to some information of the patent, such as the right holder, inventor, ** institution and other information, if you want to change, you have to make a bibliographic change declaration.
In terms of time, it is generally 15-30 days, and sometimes it may exceed a month.
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The transfer of patent rights requires the submission of a patent right assignment agreement, signed by the transferor and the transferee, and at the same time submitting the bibliographic change of the corresponding patent to the State Intellectual Property Office, and the transfer of the patent application right or patent right will only take effect after the national patent administration authority announces it in the patent gazette. The duration is about 1-2 months.
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Hello, it takes about 20 days from the filing of the application to the cooperation of the patent right change, I hope to help you.
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It is usually between 15 and 30 days, and in special cases it can be more than a month.
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Legal analysis: The time for patent change is generally 15-30 days, and sometimes it may exceed one month.
Legal basis: Article 10 of the Patent Law of the People's Republic of China Article 10 The right to apply for a patent and the right to apply for a patent may be transferred. Where a Chinese entity or individual transfers the right to apply or patent to a foreigner, a foreign enterprise or other foreign organization, it shall go through formalities in accordance with the provisions of the relevant laws and administrative regulations.
Where the right to apply for a patent or the patent right is transferred, the parties concerned shall enter into a written contract and register it with the patent administration department, which shall make a public announcement. The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.
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The time for the change of patentee is generally 15-30 days. The change of patentee refers to the change of project information of the right holder, inventor, ** institution, etc., and the change needs to be declared as a bibliographic item.
[Legal basis].
Article 10 of the Patent Law of the People's Republic of China provides that the right to apply for a patent and the right to apply for a patent may be transferred. Where a Chinese entity or individual transfers the right to apply for a patent or a patent right to a foreigner, a foreign enterprise or other foreign organization returning to Denmark, it shall go through the formalities in accordance with the provisions of the relevant laws and administrative regulations. If the right to apply for a patent or the patent right is transferred, the parties shall enter into a written contract and register it with the administrative department of the patent administration department, which shall make a public announcement.
The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.
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The time for changing the patent right generally takes 15 to 30 days, sometimes it may exceed a month, depending on the situation.
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Generally, the time for the patentee to repatriate and change is 15-30 days. The change of patentee refers to the change of project information of the right holder, inventor, ** institution, etc., and the change needs to be declared before the change of the bibliographic item.
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It usually takes about 15 to 30 days.
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Patent change, generally called bibliographic item change, refers to some information of the patent, such as the right holder, inventor, ** institution and other information, if you want to change, you have to do the bibliographic item change Shensheng Hu report.
In terms of time, the time for the change of patentee is generally 15 to 30 days, and sometimes it may exceed one month.
1. What rights does the patent owner have?
1) The right to exploit its patents. The implementation in the sense of patent law, for invention or utility model patents, includes five acts: manufacturing, using, offering to sell, selling and importing: for product patents, the patentee may manufacture, use, offer to sell, sell and import its patented products by itself; In the case of a process patent, the patented process may be used and the products directly obtained in accordance with the patented process may be used, offered to sell, sold, or imported; For design patents, there are three types of acts: manufacturing, sales and importing.
2) The right to allow other units and individuals to exploit their patents, that is, the license referred to in the Patent Law. Through the license contract, the licensee does not obtain the patent right, but only the right to exploit the patent, that is, the right to manufacture, use, sell and import the patented product or use the patented process for production and business purposes. A written contract must be entered into for the license, and the licensee must pay royalties to the patentee.
3) The right to prohibit other units or individuals from exploiting their patents. After the patent right is granted, the patentee has the right to prohibit any entity or individual from exploiting the patent unless otherwise provided by law. This right embodies the exclusivity of the patent right and is the most important aspect of the patent right.
4) The right to request protection. When a patent right is infringed, the patentee has the right to request the patent administration authority to deal with it, or to file a lawsuit directly with the people's court. The patent administration authority has the right to order the infringer to cease the infringement and compensate for the losses.
If either party is dissatisfied with the decision of the patent authority, it may file a lawsuit with the people's court within three months from the date of receipt of the notice. If the party concerned fails to file a lawsuit within the three-month period and does not enforce the decision, the patent administration authority may request the people's court to enforce the decision. The patentee or its interested party may also directly file a lawsuit with the people's court without going through the patent administration authority, requesting the court to protect its patent right.
5) the right to assign its patents.
6) Waiver of the right to its patents. Renunciation is also a way to dispose of a patent right. Renunciation can be done by filing a written application with the Patent Office or without payment of an annual fee.
7) The right to indicate the patent mark and patent number on the patented product or the packaging of the product. The patent mark can be a Chinese patent or similar phrases. The patent number is the sequential number given by the patent office when granting the patent right.
The Patent Law stipulates that if another person infringes upon the patentee's right, counterfeits his patent, or passes off a non-patented product or patented process as a patented product or patented process, the patentee may request the patent administration authority to take care of itself or directly file a lawsuit with the people's court.