After filing an application, as the applicant or inventor, sometimes you may want to change the recorded name for various reasons such as transfer of patent rights, change of name or the wrong fill of name. In these occasions, what can you do to correct/change the recorded name?
I. For applications after filing in China
The following are formalities of making changes in bibliographic data:
1. Statement for Change
Where any change in the bibliographic data is requested, it is required to submit the statement for change in bibliographic data.
2. Handling Fee
Where the applicant requests to change the inventor and/or the applicant (or patentee), 200 Yuan shall be paid for a change in the bibliographic data.
3. Certifying Documents (should be in Chinese or provide the Chinese translation)
a. Change of Name of Applicant (or Patentee)
(i) For Chinese applicants, certifying document provided by the household registration administrative authority, a declaration signed or sealed by himself and the document, certifying document provided by the administrative authority for industry and commerce registration administrative authority, etc. should be provided depending on different situations.
(ii) Where any foreign individual, enterprise, or other type of organization submits the request for a change due to the change of his/ its name, the corresponding certifying document shall be submitted.
(iii) Where any foreign individual, enterprise, or other type of organization submits the request for a change due to the change in the Chinese translation of his/its name, the applicant’s (or patentee’s) declaration shall be submitted.
b. Transfer of Right to Apply for a Patent (or Patent Right)
Where both the assignor and the assignee are foreign individuals, enterprises, or other type of organizations, the contract on the assignment signed or sealed by both parties shall be submitted.
For any submitted certifying document, the application number (or patent number), the title of invention-creation and the name of the applicant (or patentee) shall be indicated.
Please note the application number or patent number is necessary to be indicated in the assignment. If not, the assignment would not be acceptable.
Where the transfer of right is the result of the amalgamation of business, the applicant could provide the Certificate of amalgamation of business issued by the administrative department.
If the transfer of right is a result of the dissolution of the a company, and the applicant did not sign an Assignment indicating the transfer before dissolution, then the Certificate of dissolution and a Statement/Declaration by the new applicant (or patentee) indicating that the application/patent is owned by the new applicant (or patentee) could be filed to accomplish the transfer.
c. Change of Inventor
(i) Where the request to make a change is due to the change of the inventor’s name, please refer to the above a. Change of Name of Applicant (or Patentee).
(ii) Where the request to make a change is due to failure to fill in the name of inventor or his wrong name filled in, the certifying document signed or sealed by all the applicants (or patentees) and all the inventors before the change shall be submitted. But the CNIPA's examination on changing inventors become very strict recently. The declaration of changing inventors is not sufficient as a proof anymore. The evidences should be related to the technical means of the application. More evidences indicating that the inventor has made creative contributions to the substantive features of the invention. The evidences should record and reflect that the inventors actually participate in the research and development process or is responsible for part of the work and the name and the inventor should be appeared in the evidence.
So it is suggested to provide the correct name of the inventors when filing the application to avoid trouble may occur afterwards.
II. National phase entry application in China
1. If the applicant/inventor has request to change his name in the international phase, the International Bureau records the change of the applicant or his name, so long as the Chinese Patent Office has received the Notification of the Recording of a Change (PCT/IB/306) from the International Bureau, the applicant shall be considered to have reported the change in the bibliographic data to the Patent Office. This means there is no need for the applicant to submit a statement for the change in the bibliographic data and pay the handling fee for such change. When the international application enters the national phase, the changed bibliographic data shall be used directly.
Where a change is made under the item of “applicant”, the applicant shall, at the time of entering the national phase, submit the contract on the assignment or gift of the right to apply for a patent, the certifying document on the merger of the company. If the assignment or certifying documents is not in Chinese language, the Chinese translation will be needed.
Where, in the Notification of the Recording of a Change (PCT/IB/306) transferred by the International Bureau, the indicated change refers to the change in name, address of the applicant, and the name of the inventor, no certifying documents are necessary. The change shall be deemed to have taken effect.
2. if the applicant did not file a request in the international phase, and would like to change applicants/inventor for the Chinese national phase entry application, the applicant should go through formalities of Making Changes in Bibliographic Data after filing the Chinese national phase application (please refer to point I).
2021-04-28
Borsam IP
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