Can expired patents be transferred?

According to the relevant laws of our country, registered patents have Patent rights, and patent rights have a protection period. The protection period of invention patents is generally 20 years. The patent will expire under certain circumstances, so can the expired patent be transferred? ? The following is answered by the editor of Legal Savior Network for readers. I hope the following knowledge will be helpful to readers.

Can expired patents be transferred

According to the relevant laws of our country, invalid patents can also be transferred. If a patent is transferred, a transfer agreement must be signed, but expired patents do not have patent rights and generally do not need to be registered.

"Patent Law of the People's Republic of China"

Article 10 The right to apply for a patent and the patent right may be transferred.

Chinese entities or individuals provide services to foreigners and foreign enterprises If any other foreign organization transfers the right to apply for a patent or the patent right, it shall go through the procedures in accordance with the provisions of relevant laws and administrative regulations.

Where a patent application right or patent right is transferred, the party A written contract must be concluded and registered with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights shall commence from the date of registration.effect.

Article 47 Invalid Patent Rights regarded as non-existent from the beginning.

The decision to declare the patent right invalid shall not be affected by the declaration. Patent infringement judgments and mediation documents made and executed by the People's Court before the patent rights are invalidated, patent infringement dispute resolution decisions that have been performed or enforced, and patent implementation licensing contracts and patent rights transfer contracts that have been performed have no retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee.

No refund of patent infringement compensation shall be made in accordance with the provisions of the preceding paragraph. , patent royalties and patent rights transfer fees that obviously violate the principle of fairness shall be returned in whole or in part.

The above knowledge is the editor’s analysis of relevant legal issues The answer is that according to the relevant laws of our country, invalid patents can also be transferred. If an invalid patent is transferred, a transfer agreement must be signed. However, invalid patents do not have patent rights and generally do not need to be registered. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.