Are all patent rights transferable?

The knowledge economy has attracted more and more attention from the country, and the country has become more and more strict in protecting intellectual property rights. Patent rights are an important part of the knowledge economy. Patent owners want patents to generate wealth effects, and transferring patent rights is one of the ways. So can all patent rights be transferred? The Legal Savior Network will give you the answer.

Are all patent rights transferable

Article 10 of my country’s Patent Law clearly stipulates that patent applications Rights and patents are transferable. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. When transferring patent application rights or patent rights, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

Patent transfer method:

Patent transfer in China usually takes the following three forms:

1. Overall patent transfer, implementation of exclusive license, so-called transfer Ownership of a patent, for example, the patentee (inventor) transfers the entire patent to a company. After both parties sign a transfer contract, the inventor (patentee) only retains the invention rights.

2. Exclusive license for patent implementation means that a company buys out the patent. Only the patentee and the family business can use the technology, and the patent cannot be transferred to a third party again.

3. General license for patent implementation means that the patentee authorizes a certain enterprise or individual to produce the patent, or multiple enterprises or individuals.

Note:

When transferring a patent, you must make changes to the patent description.

There are two situations for changes in patent description matters, namely before the patent issuance and after the patent issuance. This is determined by the patent review and issuance process. Yes, after the patent is authorized, there will be a registration and printing procedure, and the certificate will be issued after the application is completed. If the change is made before the registration and printing procedures are completed, the issued certificate and the applicant's name can be queried on the website of the State Intellectual Property Office The information is the rights holder after the change.

If If the certificate is changed after it is issued, the State Intellectual Property Office will no longer issue a new patent certificate. Only the "Patent Change Approval Notice" will be used with the original certificate. At the same time, the original applicant and the changed application will appear on the website of the State Intellectual Property Office. Human information.

This is why, after authorization The price of patents that have not been registered and printed is often higher than those that have been issued certificates.

Of course, even if there is no patent certificate, the transferee in the latter case can also apply for one A "Copy of the Patent Register" will reflect all the information about the patent and be stamped with the official seal of the State Intellectual Property Office. Its effect is equivalent to a patent certificate.

If readers have any other legal questions For consultation, please come to Legal Savior Network for consultation, and you will get satisfactory consultation results.