How to handle the same patent application from two right holders

Applying for a patent is a benefit provided by the country to patent creators, which increases people's enthusiasm for inventing patents. However, there are some issues that you should pay attention to when applying for a patent. Especially if two people apply for the same patent, how to deal with the same patent application from two right holders? The editor of the Legal Savior Network will introduce it to you below. I hope it will be helpful to everyone. helped.

How to handle the same patent application from two right holders

Two or more applicants separately apply for the same invention If a creation is patented, the patent right is granted to the first person to apply.

"Patent Law"

Article 9 Only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted.

If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first.

Article 11 Patent rights for inventions and utility models After being granted, except as otherwise provided for in this law, any unit or individual mayThe patentee shall not exploit the patent without the permission of the patentee, that is, he shall not manufacture, use, offer for sale, sell, or import his patented products for production and business purposes, or use his patented method, or use, offer for sale, sell, or import directly in accordance with the patented method. products obtained.

After the design patent right is granted, any unit Or individuals are not allowed to exploit their patents without the permission of the patentee, that is, they are not allowed to manufacture, offer for sale, sell, or import their patented design products for production and business purposes.

I believe that after reading the above introduction, you will know how to Now that you have a certain legal understanding of the responsibilities that need to be paid attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.