How individual patents are given to the state

Are there already granted patents?

Why should patents be handed over to the state...

Non-service invention patents can be applied for by individuals, and the right to apply for service invention patents shall be subject to the agreement if there is an agreement, and if there is no agreement, it shall belong to the unit. A patent application for a joint invention-creation or a commissioned invention-creation has an agreement and is subject to an agreement, and if there is no agreement, it belongs to the unit or individual that completes or jointly completes it. Article 6 of the Patent Law of the People's Republic of China:

An invention-creation completed by performing the tasks of the unit or mainly by making use of the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the unit is the patentee. For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; After the application is approved, the inventor or designer is the patentee.

Where an invention-creation is accomplished by using the material and technical conditions of the unit, and the unit and the inventor or designer have entered into a contract to stipulate the right to apply for a patent and the ownership of the patent right, such agreement shall prevail. Article 8 of the Patent Law of the People's Republic of China: Unless otherwise agreed, the right to apply for a patent belongs to the unit or individual that completes or jointly completes 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; After the application is approved, the applicant is the patentee.

Where a non-service invention-creation can be applied for individually, or an individual applies for an invention or utility model patent, the applicant shall submit a written request, a description thereof, an abstract, and a claim and other documents. 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.

1. How long does it take for a patent application to be granted?

How long does it take to get a patent approved? Generally, it takes at least 18 months to apply for a patent, and the longest may be about 30 months.

Paragraph 1 of Article 26 of the Patent Law stipulates that an application for a patent for invention or utility model shall be submitted with a written request, a description and its abstract and claims.

Article 34 stipulates that after receiving an application for a patent for invention, if it is found to meet the requirements of this Law after preliminary examination, it shall be published immediately after 18 months from the date of filing. The patent administration department may, at the request of the applicant, publish the application at an early date.

Article 40 stipulates that if no reason for rejection is found in the preliminary examination of the application for a patent for utility model or design, the patent administration department shall make a decision to grant the patent for utility model or design, issue the corresponding patent certificate, and register and publish it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

2. What are the requirements for applying for intellectual property rights?

The requirements for filing an IP application vary from field to field.

1. Conditions that must be met by the applicant for trademark registration: The applicant for trademark registration must be an established enterprise, public institution, social organization, or individual industrial and commercial person. Materials to be submitted for trademark registration:

A copy of the business license and a copy of the identity certificate of the person in charge, 3 copies of the trademark registration application, a letter of introduction from the company, and 15 copies of the trademark standard pattern (5*5--10*10cm).

2. Patent applicationThere are three types of patent applications: invention, utility model and design. Where an application is made for an invention patent, the application documents shall include: a request for a patent for invention, a description (with drawings if necessary), claims, an abstract and its drawings, each in duplicate.

3. Does the legal person have the right of authorship?

A legal person has the right of authorship, and an invention-creation completed by performing the tasks of the unit or mainly using the material and technical conditions of the unit is 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.

Article 26 of the Patent Law of the People's Republic of China.

Where an application is made for a patent for invention or utility model, a written request, a description and its abstract and claims shall be submitted.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model.

Legal analysis: Ordinary individuals can apply for patents in China by themselves or entrust patent institutions to handle it. If it is a special individual, it must be entrusted to the patent ** agency.

Legal basis: Patent Law of the People's Republic of China

Article 19 Where a foreigner, foreign enterprise or other foreign organization that does not have a habitual residence or business office in China applies for a patent or handles other patent affairs in China, it shall entrust a patent-leading institution established in accordance with law to handle the application.

If a Chinese unit or individual applies for a patent or handles other patent affairs in China, it may entrust a patent-leading institution established in accordance with the law to handle it.

The patent institution shall comply with the laws and administrative regulations, and handle the patent application or other patent affairs in accordance with the entrustment of the first person; The content of the invention and creation of the person subject to the ** shall be kept confidential except for the patent application that has been published or announced. The specific management measures of the patent ** institution shall be stipulated by ***.

Article 20 Where any unit or individual applies for a patent for an invention or utility model completed in China to a foreign country, it shall report to the patent administration department for confidentiality examination in advance. The procedures and deadlines for confidentiality review shall be implemented in accordance with the provisions of ***.

A Chinese entity or individual may file an international patent application in accordance with the relevant international treaties to which the People's Republic of China is a party. Where an applicant files an international patent application, it shall comply with the provisions of the preceding paragraph.

The patent administration department shall handle international patent applications in accordance with the relevant international treaties to which the People's Republic of China is a party, this Law and the relevant provisions of the People's Republic of China.

A patent shall not be granted to a person who applies for a patent in a foreign country in violation of the provisions of the first paragraph of this Article and applies for a patent in China.