Duplicate Copy of Patent Certificate and Duplicate Copy of the Patent Register in China

2021-07-28
BorsamIP

Although the duplicate copy of patent certificate and the duplicate copy of the patent register are both patent-related copies, there are obvious differences between them.

 

1. Duplicate Copy of Patent Certificate

For one patent with two or more patentees, the Patent Office may issue duplicate copies of the patent certificate at the request of the joint patentees. There is no difference between the duplicate copy of the patent certificate and the patent certificate, except that the word "copy" is indicated on it. The format and contents of the duplicate copy of a patent certificate are identical to the format and contents of the original.

The Patent Office shall not issue a duplicate copy of the patent certificate once the patent right is terminated. After the issuance of the patent certificate, if there is a change in the patentee due to transfer of the patent right, the Patent Office will not issue any duplicate copies of the patent certificate to the new or newly added patentee.

The official fee of 30 CNY will be charged for the issuance of a duplicate copy of a patent certificate.

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2. Duplicate Copy of the Patent Register

The duplicate copy of the patent register is made according to the original patent register. After the announcement of grant of a patent right, any person may request the Patent Office to issue a duplicate copy of the patent register. When any person requests the Patent Office to issue a duplicate copy of the patent register, he shall submit a request for the duplicate copy, and pay the corresponding official fee of 30 CNY.

Upon receipt of said request and payment of the fee, the Patent Office shall make a duplicate copy of the patent register. After being verified with the file of the patent application and confirmed inerrant, the duplicate copy shall be affixed with the special seal for certification and sent to the person who made the request.

 

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3. Difference

3.1 Number

The request for issuance of a duplicate copy of a patent certificate should be filed by other joint patentees excluding the first patentee. The number of the duplicate copies of the patent certificate shall not exceed the number of joint patentees.

Anyone can request the Patent Office to issue a duplicate copy of the Patent Register. And the number of duplicate copies of the Patent Register is not limited by the number of patentees.

 

3.2 Contents

When the patent right is granted, the contents recorded in the patent register and the patent certificate are the same; but after the patent right is granted, the change of the patent legal status is only recorded in the patent register, resulting in the contents

recorded in the patent register and the patent certificate to differ. Thus, the legal status of the patent is subject to the legal status recorded in the Patent Register.

The contents of the duplicate copy of the patent certificate include; title; inventor; patent number; application date; patentee; address of the patentee; grant date and announcement number. The contents of the duplicate copy of the Patent Register include; the grant of patent rights; the transfer of the right of patent application and patent; the change of the name and nationality and address of the patentee. Evidently, the information displayed on the duplicate copy of the patent register is richer than the information of the patent certificate.

 

The essence of the duplicate copy of the patent register is proof of instant legal status, while the essence of the duplicate copy of the patent certificate is proof of rights. Both copies are useful for patentees.