Can the patent co-owner transfer the patent rights
Yes transfer. In principle, jointly owned patents are jointly owned. If one party wants to transfer the patent, it must obtain the consent of the other party. After the shared patent rights are transferred, the other party has the right of first refusal. If one party gives up the right of first refusal, the transferee can obtain ownership of the patent in accordance with the law.
Article 8 of the "Patent Law" stipulates: "Inventions and creations completed by cooperation between two or more units or individuals, where one unit or individual accepts the entrustment of other units or individuals, For a completed invention and creation, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual who completed or jointly completed it; after the application is approved, the applying unit or individual shall be the patentee."
For inventions and creations developed through entrustment, unless otherwise provided by law or otherwise agreed upon by the parties, the right to apply for a patent belongs to the researcher and developer. If a research developer obtains a patent right, the client may implement the patent in accordance with the law.
If the research and developer transfers the right to apply for a patent, the client shall have the priority to receive the transfer under the same conditions.
For inventions and creations completed through joint development, the right to apply for a patent belongs to the parties involved in the joint development; if one party transfers its jointly owned right to apply for a patent, the other parties shall enjoy The right to be transferred first on equal terms. However, unless otherwise agreed by the parties.
If one party to a joint development declares to give up its shared right to apply for a patent, unless otherwise agreed by the parties, the other party may apply alone or by other parties. Apply jointly. If the applicant obtains a patent right, the party that gives up the right to apply for the patent can exploit the patent free of charge.
If one party to a joint development does not agree to apply for a patent, the other party or other parties may not apply for a patent.
According to the provisions of the Patent Law, if two units or individuals apply for patents on the same day for the same invention, the two parties shall negotiate to resolve the applicant's problem. The result of the negotiation may often be that both parties become joint applicants. When the patent is approved, both parties become joint patentees.
There is no agreement between the parties during the joint research and creation of an invention. After the invention is completed, , for such inventions and creations that have actually formed a joint invention relationship even though there is no contractual relationship, when confirming the ownership of their rights, you can refer to the relevant provisions of the Civil Code and rely on the cooperation between the parties to create the inventions and creations. The fact confirms that the patent rights are jointly owned.
It should be noted that for patent holders in China, when exercising the patent rights of the patent holders, the joint ownership shall not be harmed. The interests of people and the rules for exercising rights when patent rights are shared should be different from the rules for exercising shared property rights. If a patent infringement occurs, you can file a lawsuit in court in accordance with the law and use legal means to protect yourself.
From the above content, we can know that if we encounter the problem of whether the patent co-owner can transfer the patent rights? We should know how to deal with it. In real life, we may face many legal aspects problems, so we should learn more about some legal knowledge so that we can better solve them through the law when facing these problems. The legal knowledge content provided in this article is for reference only. If you have other questions, you can click below "Button now" to consult a professional lawyer for help.
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