Gia hạn văn bằng bảo hộ sáng chế như thế nào?

Gia hạn văn bằng bảo hộ sáng chế  như thế nào?Sáng chế là khái niệm pháp lý được dùng để chỉ chung cho các giải pháp kỹ thuật được thể hiện dưới dạng sản phẩm hoặc quy trình để giải quyết những vấn đề cụ thể trên cơ sở ứng dụng các quy luật tự nhiên.

Sáng chế là một đối tượng của quyền sở hữu trí tuệ, quyền sở hữu với đối tượng này chỉ được xác lập khi người sáng tạo ra nó thực hiện thủ tục đăng ký cấp văn bằng bảo hộ sáng chế. Văn bằng này có một thời hạn nhất định và nếu muốn tiếp tục duy trì hiệu lực của văn bằng này, chủ sở hữu sáng chế phải tiến hành gia hạn.

Tùy theo điều kiện đáp ứng được và yêu cầu cấp văn bằng bảo hộ, chủ sở hữu sáng chế có thể được cấp một trong hai loại văn bằng là bằng độc quyền sáng chế và bằng độc quyền giải pháp hữu ích. Trong đó thời hạn bảo hộ của hai văn bằng này là khác nhau. Cụ thể: bằng độc quyền sáng chế có thời hạn bảo hộ là 20 năm kể từ ngày cấp, bằng độc quyền giải pháp hữu ích có thời hạn bảo hộ là 10 năm kể từ ngày cấp. Hết thời hạn này, văn bằng bảo hộ sẽ bị mất hiệu lực nếu không tiến hành gia hạn.

Việc thực hiện thủ tục gia hạn đối với văn bằng bảo hộ sáng chế không quá phức tạp. Chủ sở hữu văn bằng bảo hộ sáng chế có thể thực hiện thủ tục này trong khoảng thời gian 6 tháng trước hoặc sau thời điểm hết hiệu lực của văn bằng bảo hộ. Tuy nhiên, nếu việc thực hiện gia hạn được thực hiện trong khoảng thời gian 6 tháng tính từ thời điểm văn bằng bảo hộ hết hiệu lực thì ngoài chi phí gia hạn, người nộp đơn phải nộp thêm 10% lệ phí gia hạn cho mỗi tháng nộp muộn. Nếu sau thời hạn 6 tháng này chủ sở hữu văn bằng bảo hộ vẫn không thực hiện việc gia hạn thì văn bằng bảo hộ sẽ chấm dứt hiệu lực. Xuất phát từ yêu cầu về tính mới khi cấp văn bằng bảo hộ sáng chế nên chủ sở hữu không thể nộp lại đơn để xin cấp văn bằng bảo hộ sáng chế lần hai. Khi đó chủ sở hữu sẽ bị mất quyền của mình đối với sáng chế.

Theo đó, các tổ chức, cá nhân khi đã được cấp văn bằng bảo hộ sáng chế thì nên theo dõi, chú ý đến thời hạn bảo hộ của văn bằng để thực hiện thủ tục gia hạn đúng thời điểm, tránh mất thêm các chi phí phát sinh hoặc không thể gia hạn do quá thời hạn quy định.

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