Can patent rights be transferred? How to transfer them?

With the progress of the times, more and more people are keen to create new things. For inventions and creations that are valuable to society and the public and have huge potential value, applying for a patent will be more conducive to protecting the rights and interests of the creator. So, about applying for a patent Or can Patent rights be transferred? How to transfer it? Below is the relevant content compiled by the editor of Legal Savior Network for everyone. You are welcome to read it.

Can patent rights be transferred and how to transfer them

Patent transfer means owning a patent A legal act in which the application right and patentee transfer the patent application right and patent right to others. The Patent Law stipulates that when transferring the right to apply for a patent, the parties must enter into a written contract, which will take effect after being registered and announced by the Patent Office. Written form, registration and announcement are legal conditions for a patent application right transfer contract to take effect. Patent right transfer contracts that are not signed in writing or registered and announced by the Patent Office are not protected by law.

Legal Basis

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

Article 10 The right to apply for a patent and the right to patent may Transfer. When Chinese entities or individuals transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, they must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. When transferring patent application rights or patent rights, the parties concerned 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.

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