Individual invention entrusts company agent to apply for patent
In 2010, Mr. Wang successfully developed a model called 'New Brake Generator'. According to him, for the patent Mr. Wang invested a lot of time, the economic cost, the cumulative cost of more than 500,000 yuan. On May 2nd, Mr. Wang decided to file an PCT international application for the invention. The international search found that the invention has the patent 'newness, creativity and practicality' and has the substantive conditions for direct application to the PCT member states. In July 2010, Mr. Wang Submitting a national phase patent application to the State Intellectual Property Office.
In August 2013, Mr. Wang signed the “Case Entrustment Contract” with Quanzhou Wenhua Patent Agency Co., Ltd. (hereinafter referred to as Wenhua Company), and subsequently signed the “Proxy Power of Attorney”. The two parties agreed that Mr. Wang entrusted Wenhua Company. To the State Intellectual Property Office to carry out the invention patent application for the 'new brake power generation unit main structure', and all patent transactions during the validity period of the patent.
After the contract was signed, Mr. Wang remitted the fee of 2,600 yuan to the Wenhua company account. After the entrustment, Wenhua Company submitted the application to the State Intellectual Property Office. In July 2014, the State Intellectual Property Office sent it to Wenhua Company. The patent right is Mr. Wang's "Notice of Granting Invention Patent", etc. Subsequently, the company informed Mr. Wang to transfer the comprehensive fee of 2055 yuan including the fifth annual fee into the company's account. According to Mr. Wang, the company staff also told He, as long as the company reminds, timely payment of the patent annual fee.
Unpaid annual fee patent invalidation cannot be remedied
In March 2015, Wenhua Company telephoned Mr. Wang to pay the patent annual fee of 280 yuan. Mr. Wang transferred the fee to the company personnel and requested payment, and the other party also agreed. Mr. Wang also thought that the patent fee had been paid. But it was 2016. In the year, Mr. Wang never received a notice to pay the annual patent fee, and he took the initiative to ask Wenhua Company.
Upon inquiry by the website of the State Intellectual Property Office, the company's personnel found that the 'main structure of the new brake generator unit' PCT invention patent has expired due to the failure to pay the annual patent fee, and has passed the statutory remediation period. Cost recovery.
Subsequently, Mr. Wang learned from the State Intellectual Property Office that in March 2015, the State Intellectual Property Office had issued a notice to Wenhua Company to pay the sixth annual fee, but the company did not forward the notice to Mr. Wang in time. The amount and time of payment were not accurately notified, but the staff informed him to remit the annual fee of 280 yuan for the sixth year. The inquiry found that the annual patent fee payable by Mr. Wang in 2015 was 1,200 yuan instead of the company's requirement of 280 yuan.
What makes Mr. Wang more puzzling is that the State Intellectual Property Office issued the Notice of Invalidation of Invention Patent to Wenhua Company as early as October 2015, but Wenhua still did not inform him that it lost the last opportunity for remediation. The patent was completely lapsed in March 2016. Afterwards, Mr. Wang asked the patent agency to compensate and was rejected.
The court ruled that the agency compensated 400,000 yuan
In March last year, Mr. Wang filed a lawsuit against the Quanzhou Intermediate People's Court. Mr. Wang believes that Wenhua Company has not fulfilled its contractual obligations and seriously violated its prudent duty of care, notice obligation and reminder obligation, which complied with its patent agency ability, resulting in the invalidation of patents. In case of irreparable losses, he should be compensated for his economic loss of 2 million yuan. Mr. Wang said that after obtaining the patent, he rejected a number of company transfer requests and negotiated cooperation with a number of electric vehicle manufacturers. A preliminary consensus has been reached. In addition, after evaluation by professional evaluation agencies, the value of the patent market involved is more than 5 million yuan, with high economic value.
In this regard, Wenhua Company admitted that the termination of the patent right of Mr. Wang due to the unpaid patent annual fee was true. The company did not fulfill the necessary duty of care and caused losses to Mr. Wang. I feel sorry and apologize to Mr. Wang. The company has also been actively communicating with Mr. Wang in order to make up for the company's fault as much as possible and properly resolve the relevant disputes. The company is also willing to compensate Mr. Wang for the loss within the reasonable scope prescribed by law.
After trial, the Quanzhou Intermediate People's Court held that the relevant agreement signed by Mr. Wang and the patent agency company is appropriate, and is the true meaning of the parties. Both parties should perform in full accordance with the contract. During the contract period, Wenhua’s behavior has been seriously violated. According to this contract, Mr. Wang and Wenhua Company canceled the entrustment contract and compensated Mr. Wang for the economic loss of 400,000 yuan. According to this, Wenhua Company filed an appeal after the first instance was pronounced. Recently, Fujian Province The High People's Court heard the case in the second instance, but Mr. Wang has not yet received the final result.