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What should I do if I want to add more applicants after receiving the patent application acceptance notice?
Release Time：
2022-08-05
Generally speaking, before the patent is granted, the applicant can be added to the patent applied for, which falls under the category of "changing the patentee" in patent law the patent law. When changing the patentee, he must first fill in the "Declaration of description item change", and provide the documentation of description item change.
To be specific, the documentation of changes mainly refers to the following categories:
(1) If the applicant or the patentee transfers the rights due to a dispute over the ownership of the rights, and the inventor changes the qualifications due to a dispute, if the dispute is resolved through negotiation, it shall submit a rights transfer agreement signed or sealed by all parties; If the dispute is determined by the judgment of the people's court, the filing of the legally effective judgment of the people's court, after receiving the judgment, the Patent Office will notify the other parties to inquire whether to file an appeal, within the specified time limit (two months) does not reply or clearly no appeal, the judgment shall become legally effective; Where an appeal is filed, the parties shall issue a notice of acceptance of the appeal, and the original judgment of the people's court shall not take legal effect.
If the dispute is decided by the mediation of the local intellectual property office (or the corresponding functional department), after receiving the mediation decision, the Patent Office shall notify the other parties and inquire whether to file a lawsuit with the court; If there is no reply within the specified time limit (two months) or there is no clear prosecution, the decision on mediation shall take legal effect; Where a lawsuit is brought, the parties shall issue a notice of acceptance by the court, and the original decision shall not have legal effect.
(2) Where the patent applicant or patentee requests a change of the patent applicant or patentee due to the transfer of rights or grant of rights, the original or notarized copy of the transfer or grant contract must be submitted. If the contract is concluded by a legal person, the contract must be signed or sealed by the legal representative or authorized person, and the official seal of the legal person or the special seal for the contract must be affixed.
(3) If the applicant or the patentee is a legal person, the change of the description item caused by its merger, reorganization, division, cancellation, bankruptcy or restructuring must be issued with legal effect documents.
(4) Where the applicant or the patentee inherits due to death, it shall submit a notarial document issued by the notarial office certifying that the party is the only legal heir or that the party has included all legal heirs.
Finally, it should be noted that the change of the patentee needs to pay the description item change fee (200 yuan) and pay it within one month from the date of the request.
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