Traditional Culture Encyclopedia - Traditional stories - Is the patent of traditional furniture true, Zhihu?
Is the patent of traditional furniture true, Zhihu?
1. Your factory A and the other manufacturer B belong to the entrusted processing relationship, and B sells under the brand name, no problem.
2. Whether the product or technology contained in the patent he applied for is your product;
1) is: according to the patent law.
Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed in cooperation with two or more units or individuals, or the invention-creation entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee.
Therefore, his patent application is illegal, so he can report it to the local Science and Technology Bureau/Intellectual Property Office, handle it by administrative means first, negotiate with the other party to obtain the right to apply for a patent, or have sex with the applicant. If there is no result, then go to judicial channels.
The materials you need to prepare are: the entrustment contract signed with the other party, the supply certificate, the original product design, and the patent application certificate of the other party (patent application number, patent specification, etc.). ).
2) If not, rights cannot be protected.
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