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After the patent is granted, if the contract signed between the applicant and the agent does not agree on the rights and obligations of both parties after the grant, what should the patentee pay attention to at this time?
Release Time：
2020-05-14
Source: State Intellectual Property Office Published: 2020-05-14
Q: After the patent is granted, if the contract signed between the applicant and the agent does not stipulate the rights and obligations of both parties after the authorization, what should the patentee pay attention to at this time?
A: The patentee at this time is not necessarily the applicant who applied for the patent at that time. At that time, when applying for a patent, the existence of entrusted obligations of the agency can not be due to the completion of the obligations agreed in the contract and no longer carry out the act of agency, at this time, the patentee should change the patent agency or terminate the agency relationship in a timely manner, otherwise, the notification issued by the State Intellectual Property Office will still be in accordance with the provisions of the second paragraph of Article 4 of the Implementing Rules of the Patent Law to the applicant's current entrusted agency, and the agency if it does not promptly forward the notification, thus leading to the applicant's rights and interests If the agency fails to forward the notification in time, the rights and interests of the applicant will be jeopardized and the patent right may even be terminated. In order to avoid accidents, the applicant should fulfill the duty of prudence with respect to his patent application or patent right, and if there is any change in his own situation, especially when the contact information or correspondence address changes, he should notify the State Intellectual Property Office of the change in his own situation in a timely manner and make formal changes to ensure that he can receive the notification letter issued by the State Intellectual Property Office in a normal manner. (2018) Administrative Judgment No. 1262 of the Supreme Court Xing Shen held that the parties recognized that the patent application in question was represented by the agency in question, and also recognized that they did not inform the State Intellectual Property Office of the fact that they had terminated this entrusted agency relationship. Under such circumstances, it was not improper for the State Intellectual Property Office to send the notification of payment of the patent fee to the agency in question by mail in accordance with the patent application documents submitted by the parties.
Relevant cases: (2012) Zhi Xing Zi No. 86, (2018) Supreme Law Xing Shen No. 1262.
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