1. Whether the patent right can be transferred to others
my country's " Article 10 of the Patent Law clearly stipulates that the right to apply for a patent and the patent right can be transferred. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it 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.
2. Methods of patent transfer
Patent transfer in my country usually takes the following three forms:
1. Overall patent transfer, implementation of exclusivity Licensing is the so-called transfer of ownership of a patent. For example, the patentee (inventor) transfers the entire patent to a company. After both parties sign a transfer contract, the inventor (patentee) only retains the invention rights.
2. Exclusive license for patent implementation means that a company buys out the patent. Only the patentee and the family business can use the technology, and the technology cannot be used. The patent is again transferred to a third party.
3. General license for patent implementation means that the patentee authorizes a certain enterprise or individual to produce the patent. It can also authorize multiple enterprises or individuals.
3. Precautions
Be sure to do so when transferring a patent It is necessary to make changes to patent recording matters.
There are two situations for changes in patent description matters, namely before the patent is issued and after the patent is issued. This is done byDetermined by the patent review and certification process, there will be a registration and printing procedure after the patent is authorized, and the certificate will be issued only after the processing is completed. If the change is made before the registration and printing procedures are completed, the issued certificate and the applicant information that can be queried on the website of the State Intellectual Property Office will be the changed rights holder.
If the certificate is changed after it is issued, the State Intellectual Property Office will no longer issue a new patent certificate, and only the "Patent Change Approval Notice" will be used in conjunction with the original certificate. , and at the same time, the information of the original applicant and the changed applicant will appear on the website of the State Intellectual Property Office.
This is also the reason why the price of patents that have not been registered and printed after authorization is often higher than those of patents that have been issued certificates.
Of course, even if there is no patent certificate, the transferee in the latter case can also apply for a "Copy of Patent Register", which will reflect the patent's All information is stamped with the official seal of the State Intellectual Property Office, and its effect is equivalent to a patent certificate.
Through the editor's introduction, we can understand that patent rights can be transferred to others according to national laws, but we need to pay attention to relevant matters when transferring patents. , otherwise I’m afraid there will be disputes in the future. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.
