The inventor of the patent can apply for patent registration, and the conditions that need to be met are different for the establishment of different patent institutions, if it is a patent organization in the form of a limited liability company, the conditions for establishment include the name of the patent organization, the written articles of association, etc.
Netizen consultation:
What are the conditions for the establishment of a patent agency?
Lawyer answers:
Patent ** institutions must meet the following conditions:
1) A partnership patent institution shall be jointly funded and initiated by more than 3 partners, and a limited liability patent institution shall be jointly funded and initiated by more than 5 shareholders.
2) The name of the patent ** institution meets the following conditions:
Only one name can be enjoyed and used by a patent** institution. The name of the patent institution shall be composed of the name of the city where the institution is located, the trade name, "patent firm", "patent firm" or "intellectual property firm", and "intellectual property firm". Its trade name shall not be the same or similar to the trade name of the patent** institution that is being used or has been used nationwide.
Where a law firm engages in patent business, the name of the law firm may be used.
3) Have a partnership agreement or articles of association.
4) Partners or shareholders meet the following conditions:
1. Have the qualification of a patentee;
2. Have more than 2 years of experience in practicing in patent institutions;
3. Be able to engage in patent business full-time
4. The age at the time of applying for the establishment of a patent ** institution shall not exceed 65 years old;
5. Good conduct.
Lawyer adds:
What are the precautions for signing a patent exploitation license contract?
1. It must be clearly agreed that the form of the implementation license is ordinary, exclusive or exclusive.
2. When entering into a patent exploitation license contract, the scope of the patent exploitation license, including the restrictions on the mode of patent exploitation, shall be clearly stipulated;Limits on the number of patented products manufactured or the number of times the patented process is used;Restrictions on the duration and geography of the implementation.
3. Clarify the legal liability for the termination or invalidation of the patent right. According to the laws of China, the validity period of invention patent rights is 20 years from the date of application, and the validity period of utility model and appearance patents is 10 years from the date of application.
4. Review the validity of the patent exploitation license contract. It should be noted here that a patent has been granted;Whether the assignor is the legitimate patentee;whether there is a co-owner and whether the consent of the co-owner has been obtained;Royalty issues.
[Laws and Regulations].
Article 7 of the Patent ** Regulations.
The organizational form of the patent institution shall be a partnership, a limited liability company, etc.
Article 8 of the Patent ** Regulations.
Patent institutions in the form of partnerships and limited liability companies shall meet the following conditions for engaging in patent business:
1) The name of the patent institution that complies with the provisions of laws and administrative regulations;
2) Have a written partnership agreement or articles of association;
3) Have an independent place of business;
4) Partners and shareholders comply with relevant state regulations.
Lawyer Tian Weiyu's profile
Practicing lawyer of Beijing DHH (Suzhou) Law Firm. Master of Laws from Dalian Maritime University, with a solid legal foundation and a background in science and engineering. After practice, he focused on providing legal services for the company, ** intellectual property and contract dispute cases, and actively participated in psychology salons to bring better services to parties in marriage, family and criminal cases.