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Yes, the certificate has been revised. After the authorization announcement date is December 4th, the new version of the certificate will come down. The new certificate is only one page, and compared with the old version, the new version of the certificate has more patent information about the original applicant and inventor on the back.
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It's a revision, pro, from one side to the front and back, the back is only framed, and there is no logo and seal; Add *** to the position of the original stamp mark on the front of the certificate, and move the stamp duty mark to the back of the certificate; Add the information of the applicant, inventor or designer as of the date of filing the patent on the back of the certificate.
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Announcement of the State Intellectual Property Office on the revision of patent certificates.
No. 286.
In accordance with the provisions of Articles 39 and 40 of the Patent Law of the People's Republic of China, the CNIPA will revise the patent certificate and a copy of the patent certificate. The relevant matters are hereby announced as follows:
One. For patents with the date of publication of authorization after December 4, 2018 (inclusive), the State Intellectual Property Office shall issue or issue a revised new version of the patent certificate and a copy of the patent certificate.
Two. For patents with a date of publication before December 4, 2018, the State Intellectual Property Office still issues or issues the old version of the patent certificate and a copy of the patent certificate.
Three. The old version and the new version of the patent certificate and the copy of the patent certificate have the same legal effect, and the old version of the patent certificate and the copy of the patent certificate that have been issued will not be replaced with the new version of the patent certificate and the copy of the patent certificate unless otherwise specified.
Four. The new version of the patent certificate and the copy of the patent certificate no longer use the patent certificate envelope, and still use the A4 specification and vertical layout; Changed from one side to the front and back, the back is only framed, and there is no logo or seal; Add *** to the position of the original stamp mark on the front of the certificate, and move the stamp duty mark to the back of the certificate; Add the information of the applicant, inventor or designer as of the date of filing the patent on the back of the certificate.
The announcement is hereby made.
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Legal analysis: If a new certificate is not issued and the owner of the patent changes, the patent department will make an announcement, but will not issue a new certificate of special research to the assignee.
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. A Chinese entity or individual shall go through the formalities in accordance with the provisions of the relevant laws and administrative regulations when transferring the right to apply for a patent or the patent right to a foreigner, a foreign enterprise or other foreign organization.
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 of the State Council for the Blind, 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.
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If a new certificate is not issued, and the owner of the patent changes, the patent department will make an announcement, but will not issue a new patent certificate to the assignee.
1. Procedures required for applying for invention patents.
Invention patent process: 1. The applicant writes the application materials, and the requirements for the application documents are relatively strict, and the general person completes it alone, and if there is a need, you can find a first-class institution or professional assistance; 2. Send the application materials to the State Intellectual Property Patent Office for preliminary acceptance and examination; 3. After receiving the notice, pay the patent application fee and examination fee; 4. After receiving the notice of patent authorization, pay the certificate fee and the annual fee for the first year in time, and wait for the issuance of the patent certificate. Materials Required:
Applicant's identity certificate, patent application, abstract and drawings of the description, claims, description and drawings and other documents. After passing the acceptance, preliminary examination, publication, substantive examination, and authorization, you can get the patent certificate.
2. The process of applying for an invention patent.
Invention patent process: 1. The applicant writes the application materials, and the requirements for the application documents are relatively strict, and the general person completes it alone, and if there is a need, you can find a first-class institution or professional assistance; 2. Send the application materials to the State Intellectual Property Patent Office for preliminary acceptance and examination; 3. After receiving the notice, pay the patent application fee and examination fee; 4. After receiving the notice of patent authorization, pay the certificate fee and the annual fee for the first year in time, and wait for the issuance of the patent certificate. Materials Required:
Applicant's identity certificate, patent application, abstract and drawings of the description, claims, description and drawings and other documents. After passing the acceptance, preliminary examination, publication, substantive examination and authorization, the patent certificate can be obtained.
3. How long does it take for a patent to be transferred.
It takes 2-6 months for the patent to be transferred, and finally the qualified patent assignment notice is obtained. Patent assignment refers to a contract in which the patentee, as the transferor of Liang Hanren, transfers the ownership or ownership of the invention-creation patent to the assignee, and the transferee pays the agreed price. The party who obtains the patent becomes the new legal patentee.
It is also possible to enter into a patent assignment contract, a patent license contract and a patent application right assignment contract with others.
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 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. If the right to apply for a patent or the patent right is transferred, the parties shall enter into a written contract and register it with the Patent Administration Department, which shall be announced by the Patent Administration Department.
The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.
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Procedures for changing bibliographic items.
The bibliographic change procedure is also a procedure that the applicant can choose according to his needs.
After the applicant submits the application, the inventor, the applicant, the patent ** institution and the title of the invention filled in the request cannot be changed casually, and if it needs to be changed, it is necessary to go through the procedures for changing the bibliographic items.
When going through the formalities for the change of bibliographic items, the application form for the change of bibliographic items shall be submitted to the Patent Office, in which the changed items and the situation before and after the change shall be indicated. Specific requirements are described under the post:
1) Change of the name of the invention-creationThe name of the invention-creation is not only a part of the request, but also a part of the description. Therefore, if the name of the invention or creation is changed, in addition to the application for the change of bibliographic items, a statement of opinion explaining the reasons for the change shall also be attached, and the change procedures can only be carried out with the consent of the examiner.
2) The change of the inventor or designer is divided into two situations: one is the change of the name of the inventor or designer, which is only a change in name and does not involve a change in rights. Where the name of the inventor or designer is changed, in addition to submitting the application for change of bibliographic items, the certificate of change of name issued by the household registration department shall also be attached.
The other is the change of inventor and designer. Since the invention right is not subject to assignment or inheritance, the change of inventor (including the increase or decrease in the number of people) is mainly due to the improper declaration of the applicant or due to the dispute over the invention right.
If it is necessary to change the inventor due to improper declaration, the applicant shall go through the formalities of change on behalf of the applicant, and in addition to submitting the declaration form for change of bibliographic items, a detailed description of the improper declaration and the evidence that should be corrected or other circumstantial evidence of the inventor shall be attached.
If there is a dispute over the right to invention, the patent administration authority shall be requested to mediate or file a lawsuit with the people's court.
If the invention right is returned after a ruling by the Patent Administration Office or the people's court, the lawful inventor may request the Patent Office to go through the formalities of changing the bibliographic items on the basis of a legally effective disposition decision or judgment.
3) Change of the applicant (or patentee) There are five main situations in which the applicant (or patentee) changes:
If the applicant's name or title is changed by an individual, the name change shall be accompanied by a certificate issued by the household registration department in addition to the declaration form for the change of bibliographic items; If the applicant is a unit, when changing the name of the unit, in addition to submitting the declaration form, it shall also attach an approval document from the competent department agreeing to change the name, or a registration certificate of the name change with the administrative department for industry and commerce.
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Once the utility model patent certificate is issued, the information on it cannot be changed. The reason is that the patent office will not reissue a rebranded certificate because you have changed your name.
If you make a change, only the information in the patent register of the Patent Office will be changed accordingly, and even the information published on the Patent Office's website will not change. If you want to prove that the name of your invention or the name of the patentee has changed, you have to make a copy of the register, and the patent office will issue you a copy of the register indicating the information before and after the change, but your certificate is still the original certificate, and the information on it will never change.
In addition, if it is not the inventor, patentee or ** organization, there is no need to pay a fee.
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The patent certificate is issued only once, and the information is the confidence when the patent is granted. No, it cannot be changed.
You can make a bibliographic change, and after the change, the copy of the patent register will have the changed information, which can prove the current patent status and information. Patent certificates are of little use.
Above, I hope it can help you.
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Go to the State Intellectual Property Office to make a bibliographic right change on the line The cost does not exceed 500 200 or 120 I can't remember it very simple You can call ** to the Intellectual Property Office for consultation 010-62356655
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According to the relevant provisions of China's patent law, regarding the replacement of patent certificates, there should be the following two kinds of main acacia rounds:
1Replacement due to incorrect printing of certificates.
If there is a typographical error in the patent certificate, the patentee can return the certificate and request the patent office to correct it. If the patent office verifies that there is a typographical error, it shall correct it and issue a replacement certificate to the patentee. The original certificate contains the words "replaced" and then stores it in the patent application file.
2. Replacement due to ownership disputes. If the patent right is returned to the claimant after the dispute over the ownership of the patent right has been handled by the local intellectual property office (or the corresponding functional department) or the judgment of the people's court, the party concerned may, after the decision or judgment takes legal effect, the party concerned may request the patent office to replace the patent certificate while going through the formalities for changing the patentee.
A request for replacement of the patent certificate shall be made in a clear manner and the original patent certificate shall be returned and a handling fee shall be paid. After receiving a request for replacement of a patent certificate, the patent office shall verify the patent application file, and when the provisions are met, it may make a new patent certificate and send it to the parties, and the original certificate shall record the words "replaced" and store it in the patent application file.
If there is a change in the bibliographic particulars due to the transfer, inheritance or gift of the patent right, the patent certificate shall not be replaced. If a patent certificate is lost, it will not be reissued, except due to the responsibility of the Patent Office.
1. What is the process for granting packaging patents?
1. Preliminary examination. The patent office ascertains whether the application complies with the provisions of the Patent Law on the formal requirements of the application.
2. Early disclosure. After receiving an application for a patent for invention, if it is found to meet the requirements after preliminary examination, it shall be published immediately after 18 months from the date of filing. The patent office may publish its application at an early date at the request of the applicant.
3. Substantive examination. Within three years from the filing date of an application for a patent for invention, the Patent Office may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn. If the Patent Office deems it necessary, it may conduct a substantive examination of the patent application on its own.
4. Announcement of authorization registration. If no reason for rejection is found in the substantive examination of the application for a patent for invention, the Patent Office shall make a decision to grant the right of the invention patent, issue a certificate of invention patent, and register and publish it at the same time. The invention patent right shall take effect from the date of publication.
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It may take 18 months + less than three years, and the time spent is different depending on the content of the patent to be granted; If the patent is copied by someone else before the patent certificate is obtained, infringement may be involved.
Legal basis].Patent Law of the People's Republic of China
Article 34After receiving an application for a patent for invention patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the filing date. The patent administration department may publish the application at an early date at the request of the applicant.
Article 35Within three years from the filing date of an invention patent application, the patent administration department may conduct a substantive examination of the application according to the request of the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Article 39If no reason for rejection is found in the substantive examination of the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.
Article 40If no reason for rejection is found in the preliminary examination of the patent application for utility model or design, the patent administration department shall make a decision to grant the patent right for utility model or design patent, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.
Article 74If the patentee fails to pay appropriate royalties for the use of the invention after the publication of the application for a patent for invention but before the grant of the patent right, the statute of limitations for the patentee to demand payment of royalties shall be three years, calculated from the date on which the patentee knew or should have known that others were using the invention, but if the patentee knew or should have known before the date of grant of the patent right, it shall be calculated from the date of grant of the patent right.
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8-14 months, latest official time.
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