1. Can an enterprise’s canceled patent still be transferred?
According to the relevant laws of our country According to the regulations, after an enterprise's business license is cancelled, if the patent right belongs to the enterprise, the enterprise may transfer its patent in accordance with the law, and the transfer registration of the patent must be completed.
"Patent Law of the People's Republic of China"
Article 10 Patent application rights and patent rights Can be transferred.
Chinese entities or individuals that transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations shall handle the matter in accordance with the provisions of relevant laws and administrative regulations. formalities.
When transferring patent application rights or patent rights, the parties 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.
2. Methods of patent transfer
Patent transfer in my country usually takes the following three forms:
1. Overall patent transfer, implementation of exclusivity Licensing is the so-called transfer of 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 technology cannot be used. The patent is again transferred to a third party.
3. General license for patent implementation means that the patentee authorizes a certain enterprise or individual to produce the patent.Patents can also be licensed to multiple companies or individuals.
We can understand that if the company cancels the patent, it can be transferred if it is owned by the company. There are three ways to transfer the patent, and it must be handled in accordance with the regulations. Hope everyone can understand. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.
