Intellectual Property Classroom | Increase the process for patentees and inventors

2023-06-01

Q: Excuse me?

How to add a new unit as a co-owner of a patent that has been granted to a company? Increasing inventors at the same time? Is it compliant? What procedures and procedures are required?

The change of inventor and patentee requires the formalities of changing the bibliographic items, and if there is an agency, the change formalities shall be handled by the agency.

(1) The change shall be submitted using the "Declaration Form for Change of Bibliographic Items" uniformly produced by the Patent Office, please enter the website of the State Intellectual Property Office to download, the download link of the form is: https://www.cnipa.gov.cn/col/col192/index.html, and there are instructions and precautions on the back of the form. Documents can be submitted directly to the reception hall of our office, or mailed to: Patent Office of the State Intellectual Property Office, No. 6 West Tucheng Road, Jimen Bridge, Haidian District, Beijing. Zip code: 100088.

(2) Pay the handling fee for the change of bibliographic items according to the regulations. The fee for the change of bibliographic items in the patent fee standard published by the Patent Office refers to the fee for the change of bibliographic items for each patent application and each application. The fee for changing the bibliographic item shall be paid within one month from the date of the request, unless otherwise provided; If the payment is not made or the payment is not made in full at the expiration of the period, it shall be deemed that no declaration of change in bibliographic items has been submitted. The fee for the change of inventor is 200 yuan.

(3) Submit the original relevant supporting documents at the same time:

If the inventor submits a request for change due to omission or error, a supporting document signed or sealed by all applicants (or patentees) and all inventors before the change shall be submitted. The confirmation of the inventor shall be based on the facts, the right of invention cannot be transferred or gifted, and the certificate of the inventor's creative contribution to the substantive features of the invention after the change shall be submitted. At the same time, it is also necessary to submit a copy of the ID card signed by all inventors.

If the patentee submits a request for modification due to the transfer of rights or the transfer of rights, the patentee shall submit a contract of assignment or gift. If the contract is concluded by a unit, it shall be stamped with the official seal of the unit or the special seal of the contract. Where a citizen concludes a contract, it shall be signed or sealed by the citizen. If there are multiple patentees, proof of the consent of all patentees to the assignment or gift shall be submitted.

If the transfer of invention or utility model patent rights involves a foreigner, a foreign enterprise or other foreign organization, the following provisions shall be met: if the transferor is an individual or entity in Chinese mainland, the transferee is a foreigner, a foreign enterprise or other foreign organization, or the transferee is an individual, legal person or other organization in Hong Kong, Macao or Taiwan, the "Technology Export License" or the "Free Export Technology Contract Registration Certificate" issued by the competent department of commerce under the State Council shall be issued. or the Registration Certificate of Free Export Technology Contract issued by the local competent department of commerce, as well as the transfer contract signed or sealed by both parties.

In the case of the transfer of patent rights, if the changed patentee entrusts a new patent agency, it shall submit a power of attorney signed or sealed by all the patent applicants after the change. If the changed patentee entrusts the original patent agency, it only needs to submit a power of attorney signed or sealed by the new patentee. If the transferee is a foreigner, a foreign enterprise or other foreign organization, or the transferee is an individual, legal person or other organization in Hong Kong, Macao or Taiwan, an agency shall be entrusted.

If the transferee is an entity and has not entrusted an agency, the contact person shall be filled in the bibliographic item change declaration, and the contact person shall be a staff member of the unit, and its address shall be consistent with the address of the unit.

(4) If multiple items of a patent application are changed at the same time, only one application needs to be submitted; If there is a change in the same bibliographic item in multiple patent applications, even if the content of the change is identical, separate declarations for the change of bibliographic items shall be submitted.

(5) If your patent application is filed electronically, you need to submit electronic documents.

Source: State Intellectual Property Office