The object qualification of the invention patent, the difference between the patent inventor and the

Jite intellectual property rights: 1. In the application stage, the application documents for utility models shall include: application for utility model patent, description, drawings of the description, claims, abstract and drawings attached to the abstract.

A utility model patent application must have drawings to the specification. If a patent ** institution is entrusted, a power of attorney shall be submitted. 2. At the examination stage, China implements a preliminary examination system for utility model patent applications.

During the preliminary examination, the examiner will issue a notice of amendment to the formal issues in the application document and a notice of reasons for reasons for reasons of office in response to obvious substantive issues, to which the applicant responds. Utility model patents are only subject to preliminary examination, and there is no substantive examination like invention patent applications. It mainly examines whether the application for a utility model patent has the documents and other documents specified in Article 26 of the Patent Law

1. Accept the patent fees of the applicant (patentee) or **institution**.

2. Patent fees for foreign-related patents or PCT patents are not accepted (patent fees for foreign-related patents refer to the fees related to patent applications for non-Chinese nationals and patent applications for legal persons in Hong Kong, Macao and Taiwan).

3 Types of patent fees accepted: (1) Patent application fee (printing fee is included in the patent application). (2) Surcharge for patent application (surcharge for specification, surcharge for claims).

3) Substantive examination fee for invention patent application. (4) Patent registration fee (including stamp duty). (5) Patent annuity fees.

6) Late fees for patent annuities. (7) Fee for requesting patent restoration.

In China, an application for a patent for invention shall be submitted to the Patent Office with documents such as a request, a description and its abstract and claims. The claims shall be based on the description and state the scope of the patent claim. If a foreign applicant files another application in China for the same invention within 12 months from the date of the first patent application filed in a foreign country, it may enjoy priority in accordance with the agreement signed between its country and China or the international treaty to which it is a party, or in accordance with the principle of mutual recognition of priority, that is, the filing date of its first application in a foreign country.

Within three years from the filing date of an invention patent application, the applicant may file a request for substantive examination of the application at any time. If no reason for refusal is found after substantive examination by the patent office, a decision shall be made, a public announcement shall be made, and the applicant shall be notified. The term of the invention patent granted by the applicant generally ranges from 10 to 20 years, calculated from the filing date, and the annual fee begins to be paid from the current year.

If the applicant is not satisfied with the decision of the Patent Office to reject the application, he or she may apply to the Patent Reexamination Board for a review within three months. If you are not satisfied with the decision, you may also file a lawsuit with the court within three months from the date of receipt of the notice. Invention patent rights are protected by national laws.

The patentee or interested party may request the patent authority to deal with the infringement of the patent without the permission of the patentee, or may directly file a lawsuit with the court.

Legal analysis: 1. Definition: the general term of the owner and holder of the patent right.

That is, when the patent application is granted, the patent applicant is granted the patent right. The patentee can be either an entity or an individual. An inventor who grinds a piece of invention patent or utility model patent and contributes to the specific substantive features of the invention is called an inventor.

The inventor is a natural person; 2. Distinguish from the rights of the patentee: the rights of the patentee include two aspects: the personal right of the patentee and the right of the patent property. The rights of the inventor include the right of authorship, and the inventor may request the patent office not to publish his name; 3. Different characteristics:

The patent inventor only has the right to name the bridge and the reputation is not a property right, can only be changed but not transferred, the patent applicant or the patentee can be an individual or a unit, the property right can be transferred, the applicant before the patent is not granted is called the patent applicant, after the authorization is called the patentee, and the person who has the right to apply (including natural and legal persons) is the patentee and has the patent right.

Legal basis: Article 17 of the Patent Law of the People's Republic of China Where a foreigner, foreign enterprise or other foreign organization who does not have a habitual residence or place of business in China applies for a patent in China, it shall be handled in accordance with the agreement signed between the country to which it belongs and China or the international treaty to which it is a party, or in accordance with the principle of reciprocity, in accordance with this Law.

The difference between the inventor and the patentee: 1. The concept is different. The inventor refers specifically to the person who has made creative contributions to the substantive features of the invention-creation, while the patentee refers to the person who has been authorized by the patent administration department and enjoys the exclusive right to exploit the patent; 2. The scope is different.

The inventor only includes the creator, while the patentee includes the creator and other persons who have obtained the patent right through assignment, gift of the Lingyou model, etc.; 3. Other differences.

[Legal basis for grinding sails].

Article 13 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China refers to the inventor or designer referred to in the Patent Law who has made creative contributions to the substantive features of the invention or creation. In the process of completing the invention and creation, the person who is only responsible for organizing the work, the person who facilitates the use of material and technical conditions, or the person who engages in other auxiliary work is not the inventor or designer.

Legal analysisPatentee refers to the units and individuals who can apply for and obtain patent rights, that is, the subject of patent rights. The unit where the inventor or designer belongs.

If the staff of enterprises, public institutions, and social organizations use their fingers and minds, or the state to perform the tasks of their own units or to eliminate difficulties, if they make use of the material conditions of their own units to complete their service inventions and creations, the right to apply for patents belongs to that unit. Inventor and designer. The right to apply for a patent for a non-service invention-creation completed by an inventor or designer belongs to the inventor or designer.

Legal basisDecision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China 2. The first paragraph of Article 6 is amended to read: "An invention-creation completed by performing the tasks of the unit or mainly by using the material and technical conditions of the unit shall be a service invention-creation."

The right to apply for a patent for a service invention-creation belongs to the employer, and after the application is approved, the unit is the patentee. The unit may dispose of its right to apply for a patent for a service invention-creation and the patent right in accordance with the law, and promote the implementation and application of the relevant invention-creation. ”

There are several invention patent owners. It is not required by law. For example, in the case of an invention-creation jointly completed by two or more entities or individuals, the right to apply for a patent belongs to the unit or individual that completed or jointly completed the invention, unless otherwise agreed between the inventors of the patent.

Legal basis

Article 8 of the Patent Law provides that for an invention-creation completed by two or more units or individuals, or an invention-creation completed by an entity or individual under the entrustment of another entity or individual, the right to apply for a patent shall belong to the unit or individual that completed or jointly completed the invention-creation, unless otherwise agreed; After the application is approved, the applicant is the patentee. Article 9 The same invention can only be granted one patent. However, if the same applicant applies for both a utility model patent 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.

The object of protection of a patent right is inventions, utility models, and designs. An invention is a new technical solution proposed for a product, a process or an improvement thereof; A utility model is a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product; A design is a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

According to the provisions of the Patent Law, the invention and creation for which a patent right is granted include inventions, utility models and designs. Patents are not granted for scientific discoveries, rules and methods of intellectual activity, methods for diagnosing diseases, animal and plant varieties (patents may be granted in accordance with the provisions of the Patent Law for the production methods of animal and plant products), and substances obtained by atomic nuclear transformation methods. Under the provisions of the Agreement on Intellectual Property Rights Related to ** (hereinafter referred to as the TRIPS Agreement), Members may not grant patents on diagnostic, ** and surgical methods of human or animal bodies, as well as on plants or animals other than microorganisms, except for biological and microbiological processes, which produce plants or animals that are essentially biological processes, provided that Members provide for the protection of plant varieties by patents or by a sui generis effective system or by a combination thereof.

The provisions of China's Patent Law are in line with the minimum requirements for patent protection under the TRIPS Agreement. China's Patent Law does not grant patents for inventions and creations that violate national laws, social morality, or obstruct public interests. In this regard, the TRIPS Agreement also makes similar provisions.

Article 27.2 of the TRIPS Agreement provides: "Each Member may not grant patents for the invention of such inventions if the prevention of commercial exploitation of the invention in its territory is necessary for the maintenance of public order or morals, including the protection of human, animal or plant life or health, or the avoidance of serious damage to the environment, provided that such exploitation is not prohibited by its law." ”

Patents can be granted for inventions, utility models and designs.

1. Invention. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof. The invention must be a technical solution, the result of the inventor's application and combination of the laws of nature in a specific technical field, rather than the laws of nature itself, so scientific discoveries do not belong to the category of inventions.

At the same time, inventions are usually intellectual achievements in the field of natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions within the meaning of patent law.

2. Utility model.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product. Utility model patents only protect products. The product should be an entity that has been manufactured by industrial methods and occupies a certain amount of space.

All relevant processes (including the use of the product) and articles of natural existence that have not been artificially manufactured are not the subject matter of protection of utility model patents.

3. Appearance design.

Design, also known as industrial product design, refers to a new design that is aesthetically pleasing and suitable for industrial application made by the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of a product.

For the purposes of this Law, the term "invention-creation" refers to inventions, utility models and designs.

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

1. Can I re-apply for protection upon the expiration of the patent protection period?

After the expiration of the term of the exclusive right of interest, the patent right shall be terminated. Before the expiration of the term of the patent right, the patentee may renounce the patent right in writing.

1. The term of the invention patent right is 20 years;

2. The term of the utility model patent right and the design patent right is 10 years, which is calculated from the filing date.

The legal protection of patent right is the protection of the rights and interests of the patentee by the laws of a country, but the patent right is an intangible property right, which is different from tangible property, so it is not easy to define the scope of protection. The scope of protection of a patent right refers to the scope of the invention and creation involved in the legal effect of the patent right. The scope of protection of a patent for early destruction of an invention or utility model shall be subject to the content of its claims, and the description and drawings may be used to interpret the claims.

The scope of protection of the design patent right shall be subject to the design patent product indicated in ** or **. The legal documents that determine the scope of protection of a patent are the claims, description, and design.