The patent application has been accepted, how to amend the inventor

Inventor of a patent: A person who has contributed to the technical solution described in the patent. The inventor must be a natural person.

To put it another way: if the patentee (or applicant) is compared to the owner of the house, then the inventor is the person who legally resides in the house, and this can be irrelevant. Maybe this example isn't very appropriate, hehe.

In the patent application stage and the grant stage, the applicant and inventor can be amended. After the announcement of the grant of a patent, the "applicant" can generally be referred to as the "right holder" or "patentee". There is no specific time limit for the change of the two, and there is no necessary connection between the changes of the two.

A change in the applicant is equivalent to a transfer of rights, which is a change in the owner of a patent application or patent right.

The change of inventor is generally a situation where the application is written incorrectly, or is written less or overwritten, and can be changed, increased or decreased subsequently, but any kind of change needs to be signed and confirmed by all inventors in the original application stage. If the name is written incorrectly, a copy of your ID card will be required.

The same technical solution is allowed to file a utility model application and an invention application on the same day at the same time, which is allowed by the Chinese Patent Law. However, when an invention patent application is considered to have the prospect of granting a patent during the examination process, it is necessary to give up the patent right of the utility model patent applied for at the same time before the invention patent can be granted. Therefore, if the patentee of a utility model changes during the examination of a patent for invention, it will affect the authorization of subsequent inventions.

In other words: if the utility model patent and the invention patent both belong to the same person, then the person can make a decision if he gives up a new model to obtain an invention patent. However, if the new model changes the right holder (applicant), the problem arises when the invention is to be granted

For example, if the right holder of the new model is changed to A, and the right holder of the invention is B, it seems ...... to request other patent rights from Party A when Party A's patent is to be grantedTherefore, in general, for the same technical solution to apply for a utility model and an invention at the same time, the right holder will generally not be changed before the examination of the invention patent is completed, and if it is changed, it will be changed at the same time.

Last question: If you use the electronic filing terminal when you first submit the application, the subsequent changes of the right holder, the change of inventors, etc., should also be submitted using the electronic filing terminal. On the other hand, if you originally submitted your application by mail (paper documents), you should also submit it by mail, but you can also apply for the "paper application to electronic application" business first, and then submit it electronically after the application is approved.

I suggest that for this kind of bibliographic change of patents, it is best to entrust a formal patent ** agency to handle it, so as to ensure a success. The cost of this kind of business is not high.

Handle the change of bibliographic items and change the inventor.

1. It can be changed. The second paragraph of Article 119 of the Patent Law of the People's Republic of China stipulates that a request to change the name of the inventor, the name or title, nationality and address of the patent applicant and the patentee, the name, address and name of the person of the patent institution shall go through the procedures for changing the bibliographic items with the patent administration department, and attach the supporting materials of the reasons for the change.

2. After the patent application or even after the grant, the patent applicant can be changed, including the addition of the applicant, but the change application must be submitted, all the original applicants and inventors must sign, and the change fee of 200 yuan can be paid.

3. If you are still modifying the drawings, it means that the patent has not yet been applied, and the patent applicant is completely determined by the applicant, and any content can be changed before the application.

4. The procedures for changing bibliographic items can be changed

1) Change of inventor, applicant and patentee, 200 yuan.

2) 50 yuan for the change of the entrustment relationship between the patent institution and the person.

Legal analysis: When applying for a patent, there may be omissions or errors due to the applicant's negligence. In this case, the inventor of the patent can make changes as long as he goes through the procedures for changing the bibliographic items.

However, it is necessary to go through the procedures for changing the bibliographic items with the patent administration department, and attach the supporting materials of the reasons for the change.

Legal basis: Article 51 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Article 51 An applicant for an invention patent may take the initiative to amend the patent application for invention when submitting a request for substantive examination and within 3 months from the date of receipt of the notice issued by the patent administration department that the invention patent application has entered the substantive examination stage.

If the applicant amends the patent application documents after receiving the notice of examination action issued by the patent administration department, it shall revise the defects pointed out in the notice.

In recent years, it can be said that the amount of patent applications made by individual users is constantly increasing, and some patent applicants often need to add other inventors for one reason or another, so can the inventor be modified after the patent application? This has become a topic of concern for many applicants.

In fact, such a situation is still relatively common, for example, an inventor has applied for a utility model and invention patent, and in the materials submitted during the research and development process, the inventor and the applicant are the same person, but in the later stage, the inventor wants to change his inventor to another person, and there is no problem in this state. It is required to change the name of the patentee, as well as the location and institution, etc., and there must be detailed supporting materials during the change process, in addition to a certain amount of expenses.

From the above suspicion, we can see that the inventor can be modified after the patent application, but when adding other people and changing the patent applicant, there will be a certain amount of expenses, and the fee that needs to be paid by Qin Fuqi when changing this part in China is 200 yuan, and the core point that users need to pay attention to is that there are many inventors who do not know that they need to pay a fee when changing this name, and if the fee is not paid within one month after the application is filed, In this state, it is not possible to complete the change.

There are also some users who are very wise to know if they can still modify the inventor after the patent is filed. There is little understanding of this aspect of the content, so they will choose the intellectual property platform, which can help users complete patent changes, so is there a lot of expenses in this regard? In fact, the cost in this area is not very high, and the more important thing is that it can effectively reduce capital expenditure in this process, and it is precisely for this reason that the intellectual property platform has become the preferred service platform for many patent applicants in recent years.

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.