1. Is there much hope after the second approval of the invention patent?
For invention patents, there is great hope after the second pass. Applicants can obtain patent rights and be protected by law. If you use the patent without permission, you will be liable for infringement, and you need to immediately stop the infringement, eliminate the impact, and compensate for the losses.
"Patent Law of the People's Republic of China" Eleventh Article
After the patent right for an invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may, without the permission of the patentee, To implement its patent, that is, it shall not manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented method, or use, offer for sale, sell, or import products directly obtained according to the patented method.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture or sell products for production and business purposes. Commit to sell, sell and import its patented design products.
2. What is the use of finding a lawyer when encountering patent disputes?
Professional lawyers are lawyers who specialize in patent protection. They have professional knowledge and experience to represent innovators in resolving patent property disputes, including litigation, arbitration and mediation. Lawyers can help clients investigate evidence. After a party hires a lawyer, the lawyer can conduct investigations with relevant units and individuals to obtain relevant evidence and materials that are beneficial to the party. Lawyers also have the right to access case file materials to fully understand the facts of the case. In this way, it provides a greater possibility for the parties to successfully litigate the case and effectively safeguard their legitimate rights and interests. Lawyer acceptsAfter engaging in litigation, you must appear in court to participate in the litigation, participate in court investigations and court debates, and state your opinions and demands in accordance with the law.
3. Will a new certificate be issued after the patent is changed?
No new certificate will be issued. If the owner of the patent changes, the Patent Department of the State Council will make an announcement, but it will not issue it to the assignee. New patent certificate.
Article 10 of the Patent Law of the People's Republic of China
Patent application rights and patent rights Can be transferred. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. When transferring patent application rights or patent rights, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
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