1. The software does not Whether patent rights can be transferred
If the software does not have patent rights, it does not belong to the patent in the strict sense, but it can also be transferred. All the two parties need to sign is a contract. The transfer of patent application rights actually refers to the person who owns the patent application rights. , has submitted its application to the relevant national intellectual property office, but has not yet been granted an authorized patent, an act of transferring it to others in accordance with corresponding laws and regulations. After the patent application right is transferred, the transferor only transfers his right to a certain patent application to the transferee, but there is no guarantee that the transferee will become a legal owner of the patent in subsequent patent applications. Patentee. In this case, the unauthorized patent can transfer its application rights, but not in other cases.
2. Principles of patent application
Inventions and utility models for which patent rights are granted must be novel, creative and practical.
1. Novelty
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and it is recorded In patent application documents or published patent documents published after the filing date.
2. Creativity
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
3. Practicality
The following conditions must be met for judgment:
Patent Law It stipulates: “Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. ”
Able to be manufactured or used means that the invention can be manufactured in large quantities in the production of industry, agriculture and other industries, and applied in industrial and agricultural production and people's lives, while producing positive effects. It must be pointed out here that the patent law does not It does not require that the invention or utility model has gone through production practice before applying for a patent, but it requires analysis and inference that it can be realized in production in industry, agriculture and other industries.
3. Cases in which patent rights are not granted
(5) Substances obtained by nuclear transformation;
(6) The design of the pattern, color or combination of the two that mainly serves as a logo ;
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.
The above is the relevant content about whether software without patent rights can be transferred. According to the above content, if the software does not have patent rights, it is not a patent in the strict sense, but it can also be transferred. All it takes is a contract signed by both parties. I hope the editor’s answer will be helpful to you. Helpful! If you have any questions or legal issues, you are welcome to go to the Legal Savior Network for legal consultation.
