Can both patent rights and patent application rights be transferred
Yes. The right to apply for a patent refers to the inventor's right to request the patent office to grant him a patent for his invention.
Patent right refers to the exclusive right granted by the Patent Office to the applicant upon request when an invention-creation meets the conditions stipulated in the Patent Law.
Assignment refers to the transfer of patent application rights or patent rights to other units or individuals. The rights themselves are transferred and the transferor will no longer have the rights.
According to the "Patent Law", both the patent application right and the patent right can be transferred. Therefore, these rights are similar to general property rights. The rights holder can freely dispose of them as he wishes within the scope of the law, and transferring these rights to others is one of the ways of disposing of the rights.
When transferring patent application rights or patent rights, a written contract must be entered into. In addition, the parties should submit a copy of the contract to the China Patent Office, and it will not take effect until it is registered and announced by the Patent Office.
The rights of authorship and spiritual rewards enjoyed by the inventor or designer are not transferred at the same time. In other words, after obtaining the right to apply for a patent or the patent right, the assignee does not become an inventor or designer, nor does he enjoy the honor of being an inventor or designer. Because these rights are personal rights and are indivisible from the person of the inventor or designer. Therefore, it cannot be transferred, nor can it be transferred through inheritance or other methods.
If you want to transfer patent rights and patent application rights, it is best to do so in accordance with relevant regulations. If the transfer is not carried out in accordance with relevant regulations, the effect will not be achieved. It would be that good. If you want to transfer patent rights and patent application rights but don’t know how to do it, it is recommended that you click on the online consultation system of the Legal Savior Network to ask a lawyer.
