Category Archives: Legal services

Understanding Inventions and Utility Models in the Workplace



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Innovation plays a crucial role in today’s fast-paced work environment, and employees often create new inventions or utility models as part of their job. But who owns these intellectual property rights—the employee or the employer? Let’s explore the key aspects of workplace inventions and utility models based on employment conditions.

What Qualifies as a Workplace Invention or Utility Model?

Not all inventions automatically belong to the employee who created them. The following conditions determine whether an invention or utility model is considered a workplace creation:

  1. The invention is developed by an employee as part of their job responsibilities outlined in their employment contract.
  2. The invention results from work-related tasks assigned by the employer.
  3. The invention is created using the employer’s resources, such as technology, equipment, raw materials, proprietary information, or expertise.

Employee’s Duty to Inform the Employer

If an employee develops an invention or utility model that meets the above conditions, they must notify their employer in writing as soon as possible. This step ensures transparency and allows the employer to decide on the next course of action.

Who Holds the Patent Rights?

The patent rights depend on the employer’s decision following notification from the employee:

  • If the employer decides not to file for a patent or fails to do so within three months, the patent rights transfer to the employee.
  • If the employer wishes to obtain a patent, they must sign an agreement with the employee (unless the employment contract already assigns this responsibility to the employee in exchange for appropriate remuneration).

When an employer patents an invention or utility model developed in the workplace, they must compensate the employee fairly. Within six months of obtaining the patent (or within one year if the invention has already been in use before patent approval), the employer must:

  • Sign a contract with the inventor-employee.
  • Define payment terms, amount, and procedures for compensation.
  • Consider factors such as the invention’s economic value, potential profits, and contributions from both the employer and the employee.

If an employer fails to finalize a compensation contract, the employee has the right to take the matter to court to determine a fair payment rate and enforce contract execution.

In all other cases not covered by the above conditions, the patent rights remain with the inventor-employee, allowing them to enjoy full ownership and control over their invention or utility model.

Workplace inventions and utility models are valuable assets that benefit both employees and employers. While companies provide the resources and platforms for innovation, employees contribute their skills and creativity. Understanding the legal framework ensures fair recognition and compensation for all parties involved.

If you are an employee or employer dealing with workplace inventions, it’s always a good idea to seek legal advice to navigate the process smoothly. Our professional IP agent will assist you.

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Understanding Patent Application Modifications: Division, Merging, Amendments, Transfers, and Refusals



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When applying for a patent on an invention or a utility model, applicants may need to modify their application for various reasons. This could include dividing, merging, amending, or even transferring the application based on legal requirements. Below, we outline the key aspects of these modifications and what applicants need to keep in mind.

1. Changes Allowed During the Examination Process

After the filing date, applicants can make the following modifications during the substantive examination process, provided they pay the necessary service fees:

1.1 Division of Patent Applications

Applicants may request to split their patent application into two or more separate applications while retaining the original filing and priority date. Each divided application will require its own service fee.

1.2 Merging of Patent Applications

  • If multiple patent applications relate to inventions designed to be used together, they can be merged into a single application.
  • Similarly, utility model applications that are intended for joint exploitation may also be merged.

1.3 Amendments and Changes

legal and technical requirements.

1.4 Transferring Between Patent Types

  • If an invention patent application meets the legal criteria under Articles 8, 9, and 10 of Law on Patent, it may be converted into a utility model patent application.
  • Likewise, a utility model patent application meeting the requirements under Articles 5, 6, and 7 of the Law on Patent may be transferred into an invention patent application.

2. Refusal and Dismissal of Patent Applications

Applicants may voluntarily withdraw or have their patent application refused at any stage of the examination process. However, if a patent application is dismissed and has not been publicly disclosed, it will not be considered part of prior technical knowledge. This means the applicant can submit a new application for the same invention or utility model.

3. Impact of Modifications on Original Application Content

If any modifications change the original content of the filed patent description, the applicant must submit a new patent application instead of an amendment.

Final Thoughts

Understanding these modification options can help applicants navigate the patent application process more effectively. Whether you’re dividing, merging, or transferring your patent, ensuring compliance with the relevant legal provisions is crucial for a successful application.

Making changes to your patent application is easy and flexible—you just need to follow the right steps! If you need help navigating the process, our experts are here to assist you.

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Record of Changes in the State registration of Trademark



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In accordance with the Law on Trademarks and Geographical Indications, several changes can be made to the state registration of a trademark at the request of the trademark owner. These changes are important for ensuring that the trademark records are up to date and reflect any changes in ownership, validity, or other details.

Types of Changes to the Trademark Registration:

  1. Renewal of the Registration Validity Period
    Trademark owners can request a renewal of the registration validity period to extend the protection of their trademark.
  2. Change of Trademark Owner’s Name and Address
    If there is a change in the trademark owner’s name or address, the new details must be updated in the trademark register.
  3. Transfer of Trademark Ownership Rights
    If the ownership of the trademark is transferred, the new owner’s details must be recorded in the state register.
  4. Removal of Items from the Goods and Services List
    The trademark owner may request to remove certain goods or services from the registered list of goods and services associated with the trademark.

Process for Requesting Changes

  • Renewal of Registration Validity
    A request for renewal must be submitted to the relevant government authority either during the last year of the registration’s validity or within six months after the registration expires, during the grace period. Please note that renewing the registration validity will not involve changes to the trademark itself or the addition of new items to the goods and services list.
  • Notification of Changes in Owner Details or Rights
    If the trademark owner changes their name or address, or if there is a transfer of ownership, the trademark owner must notify the relevant government authority in writing or electronically. This notification must occur within six months of the change. Once the notification is received, the change will be recorded in the state trademark register.
  • Public Announcement
    After the changes are made to the trademark register, the government authority will publicly announce these changes through official periodic publications.
  • Service Fees
    There will be a service fee associated with requests for an extension of the registration validity period, changes to the trademark owner’s name or address, or the transfer of trademark rights. These fees are required to process the changes in the state register.

Conclusion

Keeping the state trademark register up to date is essential for trademark owners to maintain the legal protection of their marks. By understanding the procedures for renewing registration, changing ownership details, transferring rights, and updating the goods and services list, trademark owners can ensure their intellectual property rights remain valid and protected.

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