How to determine the grant time of joint patent rights?
Usually joint Applicants also share the patent rights. According to the provisions of the Patent Law of the People's Republic of China, if there are other co-owners of the patent, the specific distribution method of the patent rights must first comply with the agreement of the co-owners. If agreed upon, the use of patent rights must obtain the consent of the co-owners.
Where no reason for rejection is found after preliminary review and substantive review by the patent department for an invention patent application, and no reason for rejection is found after preliminary review for a utility model or design patent application. , the Patent Office will issue a "Notice of Grant of Patent Rights" and a "Notice of Registration Procedures" to notify the applicant to complete the registration procedures. If the applicant completes the registration procedures on time, the Patent Office will grant the patent right, issue a patent certificate, and make an announcement. The patent right shall take effect from the date of issuance of the certificate. Failure to complete the registration formalities upon expiration shall be deemed to have given up the right to obtain patent rights. Co-applicants share the patent right. Article 14 of the Patent Law of the People's Republic of China clearly stipulates:
The right to apply for a patent or the patent right If the co-owners have an agreement on the exercise of rights, the agreement shall prevail. If there is no agreement, the co-owners can implement the patent alone or license others to implement the patent in the form of a general license; if the patent is licensed to others, the royalties collected shall be distributed among the co-owners.
Except for the circumstances specified in the preceding paragraph, the exercise of a jointly owned patent application right or patent right shall require the consent of all co-owners.
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