What is the meaning of prohibiting the suppression of patent applications for non-service inventions and creations?

Nowadays, society is developing rapidly. There are many products emerging and there are many inventions. These inventions need to be patented, otherwise it is illegal. So what is the meaning of prohibiting the suppression of patent applications for non-employment inventions and creations? Hua The editor of Lu has summarized the relevant knowledge for your reference. I hope it can help you.

Things to note when applying for a patent

First, you can apply for a patent directly to the Patent Office, or you can entrust an agency to handle it.

Second, the process of applying for a patent includes: 1. The patent application documents (invention or utility model documents include claims, description, description drawings, abstract, The abstract (with drawings), the request, and the application fee (i.e., the official fee paid to the Patent Office) are submitted to the Patent Office. 2. The official acceptance notice will be issued within two weeks after the application date, which lists the application date and application number of the patent application, which will be used as the unique number for future patent office review. 3. The Patent Office will review and issue an authorization notice after it is finally qualified, indicating that it agrees to the authorization. 4. The patent authorization announcement will take effect after the applicant registers the authorization.

Third, the standard official fee for applying for a utility model is 500. If you meet the personal fee reduction conditions, it can be reduced to 75; when authorizing the registration, you need to pay 205 and the year of authorization. annual fee. If you entrust an agency, additional agency fees will be required.

Fourth, fee reduction and exemption is a preferential policy of the National Patent Office, which can be applied directly without going through Beijing government departments.

An invention-creation, if its Inventor or designer neither completes it in the course of performing his duties nor performs a task specially assigned by his unit What is accomplished is not primarily accomplished by utilizing the material and technical conditions of the unit. Such inventions and creations are considered non-service inventions and creations. According to the provisions of Article 6 of this Law, the right to apply for a patent for non-service inventions and creations belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee. Providing adequate legal protection to the rights of inventors and designers of non-service inventions and creations to apply for and obtain patents is of great significance for fully mobilizing people's enthusiasm for inventions and creations and promoting the progress of science and technology. To this end, this article specifically stipulates that no unit or individual, including the inventor or designer's unit, may suppress in any way an inventor's or designer's non-service invention-creation patent application. The inventor or designer shall not be deprived or restricted for any reason or in any way of his or her non-office inventions.The inventor or designer shall not be forced to treat his or her non-service inventions as service inventions; if the completion of non-service inventions does not affect the inventor's or designer's work, the inventor or designer shall not treat the completion of the non-service invention as a service invention. Punishment is given on an excuse. Even if the inventor or designer should be punished due to problems in performing their duties, their right to apply for patents for non-service inventions and creations in accordance with the law shall not be suppressed. Anyone who violates the provisions of this article and infringes upon the right of an inventor or designer to apply for a patent for a non-service invention will be held legally responsible in accordance with the provisions of Article 65 of this Law.

The editor reminds you that if the applicant overpays, repays, or pays the patent fee in error for any reason, he or she may submit the application to the State Council within one year from the date of payment. The patent administration department filed a refund application. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.