新闻详情
Regulations of National Standards Related to Patent in Implementation
2024-06-28        IP News        来源: IP NEWS

Recently, "Regulations of National Standards Related to Patent (provisional)" (hereinafter referred to as "Regulations") jointly developed by the National Standardization Management Committee and the State Intellectual Property Office have been implemented.

"Regulations" made specifications on the related-issues of national standards involving patent for the first time, including the disclosure of patent information, patent licensing, special provisions of mandatory national standards related to the patent and other aspects.

In the patent information disclosure, the provisions of the revised national standards at any stage are as follows. Organization or individual involved in the standard revision should disclose their essential patents owned and aware as early as possible to relevant National Standardization Technical Committee or vested units, also provide information about the patent and the corresponding proof material, and responsible for the authenticity of evidence provided.

The "Regulations" proposed mandatory national standards generally do not involve patents.

For mandatory national standards really related to patents and the patentee or patent applicant declined to patent licensing statement of requirements of "Regulations ", patent disposal methods should be negotiated by the National Standardization Management Committee, the State Intellectual Property Bureau and relevant departments and the patentee or patent applicant.

The "Regulations" proposed that for approval of mandatory national standards involving patents or may involving patent before publishing, national Standardization Management Committee should make the draft text of the standard and the known patent information for publicity, publicity period of 30 days. According to the application, public notice period may be extended to 60 days. Any organization or individual may notify in writing National Standardization Management Committee for the other patent information that they are aware of.

Powered By 北京正理 © 1995-2023 版权所有 京ICP备05037418号

京公网安备 11010202010378号

Powered By 北京正理 © 1995-2023 版权所有 京ICP备05037418号
京公网安备110102002009