1. Can appearance patent rights be transferred?
1. According to the relevant laws and regulations of my country According to legal provisions, patent application rights and patent rights can be transferred in accordance with the law, so appearance patents can also be transferred, and a transfer contract must be signed when transferring.
2. Legal provisions: "Patent Law of the People's Republic of China"
Article 10 Patents Application rights and patent rights are transferable.
If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it shall be handled 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. What are design patents
1. Industrial Product shape
The appearance shape of industrial products refers to the design of the product shape, that is, It refers to the appearance outline presented by the movement, change, and combination of points, lines, and surfaces outside the product, that is, the result of simultaneous design and manufacturing of the product's structure, appearance, etc.;
2. Industrial product appearance pattern
Industrial product appearance pattern refers to the arrangement or combination of any lines, words, symbols, and color blocks on the product. The shape of the surface. The appearance pattern of the product should be fixed and visible, rather than coming and going.Or it needs to be visible under certain conditions.
3. Industrial product color
The color of industrial products refers to the color used on the product A color or combination of colors that is the true color of the materials used to make the product and is not the color of the design. The color of a product cannot independently constitute a design unless the color change itself forms a pattern.
What conditions need to be met for a design patent?
A design patent should meet the following requirements:
(1) refers to the design of shape, pattern, color or their combination;
( 2) It must be a design for the appearance of the product;
(3) It must be aesthetically pleasing;
(4) Must be suitable for industrial applications.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, patent application rights and patent rights can be transferred in accordance with the law. Therefore, appearance patents can also be transferred, and a transfer contract must be signed when transferring. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
