If the patent applicant is an individual, how can it be used by the company, but the ownership does

1. In the "Office Area" column on the left side of the home page of the State Intellectual Property Office, "Application Form for the Filing of Patent Exploitation License Contract" and "Text of Patent Exploitation License Contract".

2. After filling in the ** (printed on one side of A4 paper) according to the instructions, within 3 months of signing the contract, the application form, the copy of the contract (original), the copy of the patent certificate, and the identity certificate of the transferor (copy of the ID card and business license) will be mailed to the Preliminary Examination and Process Management Department of the Patent Office of the State Intellectual Property Office (No. 6, Jimen Bridge, Haidian District, Beijing, 100088).

ps: There is no need to pay for the filing of the patent exploitation license contract, and the State Intellectual Property Office will handle it free of charge, as long as it costs the mailing fee of the ** letter!

Remember, to evaluate high-tech, the contract must be exclusive for more than 5 years!

According to Article 10 of the Administrative Measures for the Recognition of High-tech Enterprises, one of the conditions is that "enterprises registered in China (excluding Hong Kong, Macao and Taiwan) have independent intellectual property rights for the core technologies of their main products (services) through independent research and development, transfer, donation, mergers and acquisitions, etc., or through exclusive licensing for more than five years, in the past three years".

Therefore, if you need to keep the patent yourself, you can license the patent to the company as an exclusive license (more than 5 years).

According to the Measures for the Filing of Patent Exploitation License Contracts, you should sign a Patent Exploitation License Contract with the company (there is a contract template in the "Office Area" column on the home page of the State Intellectual Property Office), and then file with the State Intellectual Property Office.

The following is for reference:

Measures for the Filing of Patent Exploitation License Contracts

Article 4 The patent exploitation license contract for which the application for filing shall be concluded in writing.

The model contract formulated by the State Intellectual Property Office may be used to conclude a patent exploitation license contract; Where other contract texts are adopted, the provisions of the Contract Law of the People's Republic of China shall be complied with.

Article 5 The parties concerned shall go through the formalities for filing within three months from the effective date of the patent exploitation license contract.

Article 7 The parties concerned may go through the formalities related to the filing of the patent exploitation license contract by mail, direct delivery or other means prescribed by the State Intellectual Property Office.

Article 8 Where an application is made for the filing of a patent exploitation license contract, the following documents shall be submitted:

1) The application form for the filing of the patent exploitation license contract signed or sealed by the licensor or the patent ** institution entrusted by the licensor;

2) Patent exploitation license contract;

3) Proof of the identity of both parties;

4) If the patent ** institution is entrusted, a power of attorney indicating the authority of the entrustment;

5) Other materials that need to be provided.

1) The names and addresses of the parties;

2) the number of patent rights, the name, patent number, application date, and authorization announcement date of each patent right;

3) The type and duration of the implementation license.

You need to go to the property office to make a license contract for the record, so that the ownership is still yours, and the other party can also use it, you can find me for details, if you do it yourself, it may be very troublesome.

This is simple, just transfer it as a patentee, and it doesn't cost much.

I'll do it for you, which is to transfer the individual to the company.

Sign a patent exclusive license agreement. Kiss... So the ownership is still yours.

You can license it to him, it's easy.

The patentee is a collective term for the owner and holder of the patent right. That is, when the patent application is approved, the patent applicant is granted the patent right. The patentee can be either an entity or an individual.

The patentee thinks that it is as follows: 1The obligation of the patentee is mainly to pay the annual patent fee.

Article 43 of the Patent Law stipulates that the patentee shall pay the annual fee from the year in which the patent right is granted. Failure to pay the annual fee as required may result in the termination of the patent right.

2.The patentee shall not abuse the patent right, shall not use the patent right to monopolize, and shall not use the patent right to engage in unfair competition. 3.

The patentee shall exploit the patent in a timely manner, and if the patentee does not exploit the patent and does not permit others to exploit the patent, it may apply for a compulsory license.

Article 8 of the Patent Law An invention-creation completed by two or more units or individuals in cooperation or completed by one unit or individual under the entrustment of another entity or individual; Unless otherwise agreed, the right to apply for a patent belongs to the unit or individual that completes or jointly completes it; After the application is approved, the applicant is the patentee.

In China, there are generally the following three situations in which the right to apply for a patent is vested:

First, the right to apply for a patent for a service invention-creation belongs to the employer.

The so-called service invention refers to an invention-creation that is completed in the performance of the tasks of the employer or mainly by using the material and technical conditions of the employer. Here, "material and technical conditions" mainly refer to the unit's funds, equipment, spare parts, raw materials and technical information that are not publicly available. Since mental work is different from physical work, it is not limited by a specific place and commuting time, even if your invention is finally completed at home, or after work, as long as you are performing the tasks of the unit and the resources used are provided by the employer, the employer is the patent applicant.

Second, the right to apply for a patent for a non-service invention-creation belongs to the inventor or designer.

If you are worried that the employer will not let you apply for a patent, don't be afraid at all, the Civil Code clearly stipulates that no unit or individual may suppress the patent application of the inventor or designer for non-service invention-creation. Therefore, as long as you have enough energy and can think and compete, you can also engage in inventions and bold creations and apply for patents in your spare time.

Third, unless otherwise agreed, the right to apply for a patent for an invention-creation completed by two or more units or individuals, or an invention-creation completed by one unit or individual entrusted by another unit or individual, belongs to the unit or individual that completed or jointly completed the invention-creation.

1. What is the difference between an individual and an enterprise applying for a patent?

There is no difference in the examination process, time limit and difficulty of individual and corporate applications.

Individual applications are owned by individuals and have nothing to do with the company, and patent ownership disputes are likely to arise when service inventions are applied for by individuals; The company's application rights and interests are owned by the company, and there is no ownership dispute, which is relatively easy to operate in terms of high-tech enterprise identification and company listing price.

If an individual applies for financial hardship, he or she can enjoy a reduction in the annual fee paid for the first three years, as long as he pays 15; The cost of applying for the company is more expensive, but in some areas you can enjoy ** subsidy.

If you apply for an individual, it is not conducive to brand promotion, but if you apply for a company, it is conducive to corporate brand promotion and later financing.

Individual applicants can enjoy the reduction and exemption, and in some of the districts, there are ** subsidies; The company can apply for first-class subsidies in some areas, which is conducive to evaluation, declaration of high-tech enterprises, patent pledge, etc.

From the point of view of fees, it seems that it is better to file for individuals, but if it is for enterprises, it is better to apply in the name of the company in the long run (Fujian Kangyuan Intellectual Property).

2. What is the patent application process?

A patent application is a necessary procedure for obtaining a patent right. To obtain a patent right, the applicant shall submit an application to the national patent authority, which shall approve and issue a certificate. When filing a patent application with the national patent office, the applicant shall submit a series of application documents, such as a request, description, abstract and claims, etc.

In terms of patent applications, the provisions of patent laws in various countries in the world are basically the same. You can apply by yourself or find a ** office to apply.