Patent Applicant What materials are required for the change of inventor

The following materials are required for the change of patent applicant:Declaration of Change of Bibliographic Items";

If the applicant is a unit, the request for change due to division, merger, cancellation or change of organizational form shall be submitted to the certification materials issued by the registration management department;

Pay a fee for bibliographic changes.

Materials to be provided for the change of inventor:The request for change due to the change of the name of the inventor must be accompanied by the certificate issued by the household registration management department;

For a change request due to a change in the Chinese translation, an inventor's declaration is required;

If the inventor submits a request for change due to omission or error, it is necessary to provide the supporting documents stamped or signed by all the applicants and all the inventors before the change;

For requests for change due to disputes over inventor qualifications, please refer to the "How to Handle the Transfer of Patent Application Rights".

The following materials are required for the change of patent applicant:Declaration of Change of Bibliographic Items";

If the applicant is a unit, the request for change due to division, merger, cancellation or change of organizational form shall be submitted to the certification materials issued by the registration management department;

Pay the fee for changing the bibliographic project.

Materials to be provided for the change of inventor:The request for change due to the change of the name of the inventor must be accompanied by the certificate issued by the household registration management department;

For a change request due to a change in the Chinese translation, an inventor's declaration is required;

If the applicant submits a request for change due to omission or error, he or she shall provide the supporting documents stamped or signed by all the applicants and all the inventors before the change;

For requests for change due to disputes over inventor qualifications, please refer to the "How to Handle the Transfer of Patent Application Rights".

The inventor of the patent may make a change, but if the request for change is made because the inventor is omitted or incorrectly filled in, the supporting documents signed or sealed by all the applicants (or patentees) and all the inventors before the change shall be submitted.

Change of Inventor:

1) If the inventor submits a request for change of name due to the change of name, the certificate issued by the household registration management department shall be submitted.

2) If the inventor submits a request for change because of the omission or mistake, the supporting documents signed or sealed by all the applicants (or patentees) and all inventors before the change shall be submitted.

3) If a request for change is filed due to a dispute over the qualification of the inventor, it may refer to the content of "How to deal with the transfer of the right to apply for a patent (or patent right)".

4) If a request for change is made due to the change of the Chinese translation, the inventor's declaration shall be submitted.

1. What are the characteristics of patents?

Patent right is an exclusive right granted to the patentee by the patent administration department in accordance with the law and in accordance with legal procedures. It is a type of intangible property right and has the following main characteristics compared to tangible property.

1) It is exclusive. The so-called exclusivity is also called monopoly or exclusivity. A patent right is an exclusive right granted to the applicant or its legal assignee by the competent authority according to the application of the inventor or the applicant, which considers that the invention meets the conditions stipulated in the patent law.

It is exclusively owned by the right holder, and the patentee has the right to possess, use, benefit and dispose of the object of its rights (i.e., the invention and creation).

2) It is temporal. The so-called temporality of patent rights means that the patent right has a certain time limit, that is, the term of protection prescribed by law. The patent laws of each country have their own provisions on the effective term of protection of patent rights, and the starting time for calculating the term of protection also varies.

Article 42 of China's Patent Law stipulates that "the term of a patent for invention shall be 20 years, and the term of a patent for utility model and design shall be 10 years, both of which shall be calculated from the filing date of BenQ." ”

3) It is territorial. The so-called tertigraphy is the spatial restriction of patent rights. It means that the patent right granted and protected by a country or region is only valid within the scope of that country or region, and has no legal effect on other countries and regions, and its patent right is not recognized and protected.

If the patentee wishes to enjoy a patent in another country, he must file a separate patent application in accordance with the laws of that other country. Unless otherwise provided for in international treaties and bilateral agreements, no country recognizes patent rights granted by other countries or international intellectual property institutions.

How to change the inventor in a patent application? In the process of patent application, due to the applicant's negligence, there will be omissions or mistakes. In this case, the inventor of the patent can make the change by going through the procedures for changing the bibliographic items.

However, when making a request for change, the supporting documents signed or sealed by all the applicants and all the inventors before the change shall be submitted, including the following documents: (1) If the request for change is made due to the change of name of the inventor, the certificate issued by the household registration management department shall be submitted. (2) If the inventor submits a request for change due to omission or error, it shall be submitted to all applicants (or patentees).

and the documents signed or stamped by all inventors before the change. (3) Where a request for change is made due to the change of the Chinese translation name, a declaration of the inventor shall be submitted. Legal basis:

Patent Examination Guidelines》 The bibliographic items of a patent application for bibliographic change are: application number, filing date, invention-creation title, classification number, priority matters (including the earlier application, filing date and application country), the applicant's or patentee's matters (including the name or title, nationality and address of the applicant or patentee), the name of the inventor, and the patent** matters (including the name, address, and name of the patentee). When there is a change in the bibliographic items related to personnel (referring to the matters of the applicant or the person with the right of interest, the name of the inventor and the patent), the parties concerned shall go through the application procedures for the change of the bibliographic items in accordance with the regulations; If there is a change in other bibliographic items, the Patent Office shall make changes according to the circumstances).

That's all I have summarized for you, I hope you understand.

The process of changing the inventor of a patent is as follows:

1) If the inventor submits a request for change of name due to the change of name, the certificate issued by the household registration management department shall be submitted.

2) If the inventor submits a request for change due to omission or error, the supporting documents signed or sealed by all the applicants (or patentees) and all the inventors before the change shall be submitted.

3) If a request for change is filed due to a dispute over the qualification of the inventor, it may refer to the content of "How to deal with the transfer of the right to apply for a patent (or patent right)".

4) If a request for change is made due to the change of the Chinese translation, the inventor's declaration shall be submitted.

The change of inventor in your introduction is correct.

However, at present, the change of inventor is basically not accepted, and an office action is generally issued, which is deemed not to have been filed.

Because now it is necessary to prove that the newly added inventor has made a substantial contribution to the invention.

This is mainly to protect the authorship of the inventor. Protect the fruits of his labor.

Legal basis:Article 9 of the Patent Law of the People's Republic of China Only one patent can be granted for the same spinal invention-creation. However, if the same applicant applies for both a utility model and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated, and the applicant declares that he has abandoned the utility model patent right, the invention patent right may be granted.

If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed the first invention.

Legal Analysis: The inventor of a patent can be changed. Handle the procedures for changing bibliographic items.

If a request for change is filed due to omission or incorrect filling of the inventor, the supporting documents signed or sealed by all the applicants (or patentees) and all the inventors before the change shall be submitted: 1. If the request for change is made due to the change of the name of the inventor, the certificate issued by the household registration management department shall be submitted 2. If the request for change is made by the inventor due to omission or error, the supporting documents signed or sealed by all the applicants (or patentees) and all the inventors before the change shall be submitted3. If a request for change is made due to a dispute over the qualification of the inventor, if the dispute is resolved through negotiation, the supporting documents signed by all parties shall be submitted.

Legal basis: Article 10 of the Patent Law of the People's Republic of China can be transferred. Where a Chinese entity or individual transfers the right to apply for a patent or patent right to a foreigner, a foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of the relevant laws and administrative regulations.

In the case of the transfer of the right to apply for a patent or the patent right, the parties 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 sale by the office of registration.

The inventor of the patent can be changed. Handle the procedures for changing the bibliographic items of Wang Bo. If a request for change is filed due to omission or incorrect entry of the inventor, the supporting documents signed or sealed by all the applicants (or patentees) and all the inventors before the change shall be submitted

1. If the inventor submits a request for change due to a change of name, the certificate issued by the household registration management department shall be submitted.2. If the request for change is made by the inventor due to omission or error, the certificate signed or sealed by all the applicants (or patentees) and all the inventors before the change shall be submitted.3. If the request for change is made due to a dispute over the qualification of the inventor, if the dispute is resolved through negotiation, the certificate signed by all parties shall be submitted.

Legal basis: Article 10 of the Patent Law of the People's Republic of China 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, it shall go through the 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.