The cost of patent affiliation, how much is the patent attorney s affiliation

There is no problem of affiliation with patents, only licensing.

According to the provisions of the Patent Law, when applying for a patent, the applicant can apply in person or entrust a ** institution to apply, and the ** institution ** patent application business needs to have the corresponding qualifications to engage in business activities, so how much is the patent owner? The following is answered by Hualu.com for readers.

How much does it cost to be affiliated with the patentee.

The patent representative needs to obtain the patentee's practice certificate to engage in patent activities, and if there is no qualification to obtain it through affiliation, it is an illegal act.

Relevant legal knowledge.

Measures for the Administration of Patents

Article 22 In any of the following circumstances, the patentee's practice certificate shall not be issued:

1) They do not have full capacity for civil conduct;

2) Practicing at another patent** institution before the application, and has not been dismissed by the patent** institution and has not gone through the formalities for the cancellation of the patentee's practice certificate;

3) Less than 1 year after receiving the patent** practice certificate, the patent** institution is changed again;

4) Having received a punishment of less than 3 years for the revocation of the patentee's practice certificate as provided for in Article 5 of the "Patent ** Disciplinary Rules (for Trial Implementation)";

5) Those who have received criminal punishment (except for crimes of negligence).

Patent ** Disciplinary Rules (Provisional).

Article 6 In any of the following circumstances, a patent institution shall be ordered to make corrections and shall be given the punishment provided for in Article 4 of these Rules:

1) Concealing the true situation or committing fraud at the time of application for establishment;

2) Changing the main registration items without authorization;

3) Establishing branches without authorization;

D) the annual inspection is overdue and does not take the initiative to make up the report;

5) Soliciting business by improper means;

6) After accepting the entrustment, refusing to carry out the commission without a legitimate reason;

7) Accepting the entrustment of another interested client in respect of the same patent application or patent case;

8) Causing major losses to the parties due to their fault;

9) Engaging in other illegal business activities or violating relevant provisions.

The above knowledge is the answer to the question of "how much does it cost for the patentee to be affiliated", the patent representative needs to obtain the patentee's practice certificate to engage in patent activities, and if there is no qualification to obtain through affiliation, it is illegal. If readers need legal help, they are welcome to Hualu.com for legal advice.

Legal analysis: about 30,000. The establishment of a new patent ** agency requires at least three partners, and some people are not engaged in the profession of patent ** but lease their mountain clan certificate to the newly opened company, and can get about 30,000 yuan per year as an affiliation fee.

Legal basis: "Measures for the Administration of Patents".

Article 1 These Measures are formulated in accordance with the provisions of the Patent Law of the People's Republic of China, the Patent Regulations and other relevant laws and administrative regulations in order to regulate the patent industry, protect the legitimate rights and interests of the client, patent institutions and patent divisions, maintain the normal order of the patent industry, and promote the healthy development of the patent industry.

Article 4 Patent institutions and patent attorneys may establish and participate in national or local patent industry organizations in accordance with law. The patent industry organization is a social group and a self-regulatory organization of patent practitioners. Patent industry organizations shall formulate self-discipline norms for the patent industry, and industry self-discipline norms shall not contradict laws, administrative regulations, and departmental rules.

Patent institutions and patent attorneys shall abide by industry self-discipline norms.

Article 5 Patent institutions and patent lawyers shall abide by laws, administrative regulations and the Law of the Office, abide by professional ethics and practice discipline, be honest and trustworthy, standardize practice, improve the quality of patents, and safeguard the legitimate rights and interests of clients and the normal order of the patent industry.

Legal Analysis: High Earnings An independent working patentee earns between 100,000 and 200,000 per year. And it's relatively stable. Once the source of the case can be found independently, it is not uncommon for the case to be invalid or litigated, and the annual income of more than one million is not common.

Affiliation fee Due to the shortage of patentees who hold patents, the establishment of a new patent agency requires at least three partners, which has given rise to an affiliation market. Some people do not engage in the profession of patent holders, but lease their certificates to newly opened companies, and they can get about 30,000 yuan of affiliation fees every year.

Good prospects Intellectual property business, including patents, is in the ascendant in China and is a veritable sunrise industry. A vibrant and innovative society must value IP.

Difficult Exam The pass rate of the annual patent examination is very low, only about 10 percent. The main reason is that the university does not have a corresponding major, and the pre-examination training run by the ** department in previous years is also very weak.

Legal basis: Article 30 of the Measures for the Administration of Patents shall be entrusted in the name of the patent institution where the patentee is located, enter into a written entrustment contract with the client, collect fees uniformly and truthfully record them in the accounts. The patentee shall not accept the entrustment to handle the patent business and collect fees without permission.

Legal analysis: The patentee has a practice certificate for more than 2 years to make money, and the qualification certificate is attached to the money, and the specific amount depends on the specific situation.

Legal basis: Article 22 of the Measures for the Administration of Patents shall not be issued under any of the following circumstances

1) Those who do not have full capacity for civil conduct (2) who practiced in another patent ** institution before the application, and have not been dismissed by the patent ** institution and have not gone through the formalities for the cancellation of the patentee's practice certificate; (3) Those who have changed to a patent** institution less than 1 year after receiving the special base loss ** practice certificate; (4) Those who have been punished for less than 3 years by the "Patent ** Punishment Rules (Trial)" for revoking the patentee's practice certificate (5) are subject to criminal punishment (except for negligence crimes).

The patent holder has more than 2 years of practice certificate to make money, and the qualification certificate is attached to the money, and the specific amount depends on the specific situation.

1. What are the risks of an enterprise handling the affiliation of a legal person?

1.In the event of illegal implementation of affiliation in the course of business and causing damage to the legitimate rights and interests of a third party, the sponsor and the affiliated party shall be jointly and severally liable for compensation, i.e., civil liability.

2.If the sponsor is affiliated to the name of the affiliated company, the contract signed in the name of the affiliated company shall be a valid contract, and the affiliated company shall be liable for compensation for the contractual debts signed by the affiliated company within the scope of its own property.

3.Both the sponsor and the affiliated party have violated administrative and criminal laws and regulations in the business conduct of the affiliation, and both shall bear administrative and criminal liability for their acts.

2. What happens if you owe money on your credit card? Will you go to jail?

It depends. First, on December 1, 2018, the Supreme Court issued a judicial interpretation on criminal cases of obstruction of credit card management. The biggest change is that the threshold for filing a credit card fraud has been raised from $10,000 to $50,000.

And only look at the principal, excluding interest and liquidated damages. It cannot be calculated together, that is to say, only a single bank's overdue principal of more than 50,000 yuan can meet the standard for filing a case. So, if you have less than 50,000 overdue credit cards, you don't have to worry about jail time and just work hard to make money to pay back the bank.

If the credit card is overdue and you don't have the money to pay back, whether you want to go to jail depends on your own attitude, and the right attitude can be completely avoided.

3. What should I do if there is no contract for the payment but I don't pay back?

The simplest and most straightforward way is to sue, even though there is no written contract. However, the relevant oral agreement and the performance of the delivery and receipt of goods by both parties have constituted a sales contract, but it is necessary to collect other evidence to prove the fact of arrears. Special attention should be paid to the statute of limitations of no more than 2 years for sales contract disputes, and it is recommended to file a lawsuit within 2 years from the date of knowing that it has been infringed.

Because there is no written contract between the two parties, it is only a de facto affiliation relationship, and the contract is signed in the name of the other party, so it is relatively passive. Evidence must be adduced to prove that there is a de facto affiliation relationship between the two parties, and the actual processor is Mr. Hou. Evidence can be obtained through proof of delivery, proof of pick-up, access to money in previous cooperation, audio recordings, etc., and can also prove the facts of the contract by collecting evidence such as invoices, delivery notes, bills of lading, waybills, statements or witness testimony.

Article 22 of the Measures for the Administration of Patents shall not be issued under any of the following circumstances: (1) the patentee practitioner shall not be issued: (1) the patentee does not have full civil capacity, (2) he has practiced in another patent institution before the application, and has not been dismissed by the patent, and has not gone through the formalities for the cancellation of the patentee's practice certificate; (3) he has changed the patent ** institution less than 1 year after receiving the patent ** practice certificate, and (4) he has been subject to the withdrawal of the patent ** as stipulated in Article 5 of the "Patent ** Disciplinary Rules (Trial)". (5) Those who have received criminal punishment (except for crimes of negligence) who have received a punishment for less than 3 years of punishment for their practice certificate.

Legal analysis: The patent ** person has been practicing for more than 2 years to make money, and the qualification certificate is attached to the money, and the specific amount depends on the specific situation.

Legal basis: Law of the Patent Administration Office Article 22 In case of any of the following circumstances, the patentee's practice certificate shall not be issued

1) Those who do not have full capacity for civil conduct; (2) Those who have practiced in another patent ** institution before the application, have not been dismissed by the patent ** institution, and have not gone through the formalities for the cancellation of the patent** person's practice certificate; (3) Those who have changed patent ** institutions less than 1 year after receiving the patent ** practice certificate; (4) Those who have been punished for less than 3 years by the "Patent ** Punishment Rules (Trial)" for less than 3 years (5) Those who have been subject to criminal punishment (except for crimes of negligence).