1. Can the patent application right be transferred with the patent application number
Both patent rights and patent rights can be transferred, so when you apply for a patent and have a patent application number, you can transfer the patent application rights.
"Patent Law of the People's Republic of China"
Article 10 Patent application rights and patent rights 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 shall be handled in accordance with the provisions of relevant laws and administrative regulations. formalities.
When transferring patent application rights or patent rights, the parties 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. What is the legal effect of the transfer of patent rights
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The transfer of patent application rights refers to the transfer of patent application rights to other units or individuals with or without compensation. The rights themselves are transferred and the assignor no longer Enjoy rights.
According to the provisions of my country's patent law, the right to apply for a patent can be transferred. Because this right is a property right, the obligee can freely dispose of it as he wishes within the scope of the law, and transferring this right to others is one of the ways of disposing the right.
However, when the right to apply for a patent is transferred, the right of signature and the right to receive 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, the assignee does not become the inventor or designer, nor does he enjoy the honor of the inventor or designer. becauseBecause these rights are personal rights and are indivisible from the person of the inventor or designer, they cannot be transferred or transferred through inheritance or other means.
A written contract must be concluded to transfer the right to apply for a patent. 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.
Through the above analysis, we know that according to the provisions of the Patent Law, patent application rights and patent rights can be transferred. Therefore, after applying for a patent and obtaining a patent application number, you can also transfer the patent application right to another person. To transfer the patent application right, you must sign a transfer contract. If you need legal help, readers can go to the Legal Savior Network for consultation.