Can the right to apply for a patent be transferred?
The right to apply for a patent can be transferred.
The transfer of patent application rights refers to the act of a patent applicant legally transferring a patent that has been received but not yet authorized by the State Intellectual Property Office to another person. It should be noted that after the patent application right is transferred, what the transferor transfers is only the transferee’s right to continue to apply for the patent. There is no fundamental guarantee that the transferee will be able to become the transferee’s invention-created patent in the future. people.
The patent application right is transferred to a third party; before the transferee's patent application is rejected, the transferor shall not use the invention for profit-making production activities, but good faith use for non-profit purposes is not restricted, such as Use this invention to serve scientific research and experiments.
Two situations for the transfer of patent application rights:
The first is to file a request with the Patent Office Before applying for a patent, the inventor or designer can transfer his right to apply for a patent to others; the second is that the inventor or designer has submitted a patent application to the Patent Office, but before obtaining the patent authorization letter, he can transfer the patent application to others. Transfer your patent application rights to others.
The essence of these two situations is that the owner of the patent application right has changed. The difference is that the patent application stage at which they occurred is different. However, it should be noted that no matter what stage the patent application right is transferred, both parties to the transfer must enter into a written contract and register it with the Patent Administration Department of the State Council, which will make an announcement. Otherwise, it will not be a patent application right in the true sense. transfer.
Patent application right transfer procedure
1. Sign a transfer contract. A patent application right transfer contract refers to a contract in which the transferor transfers the right to apply for a patent for his invention and creation to the transferee, and the transferee pays an agreed price.Contracts. The main terms of the patent application right transfer contract include: contract name, invention title, invention type, inventor or designer, technical information and data list, liability for rejection of patent application, price and method of payment, liquidated damages and losses Amount calculation methods, dispute resolution methods, etc.
2., and announced by the Patent Office, and the contract will take effect from the date of registration.
3. It should also be noted that if there are two or more patent applicants, the transfer of patent application rights must be approved by all rights holders; China Any transfer of patent application rights or patent rights by an entity or individual to a foreigner must be approved by the foreign economic and trade department of the State Council in conjunction with the science and technology administration department of the State Council.
For the transfer of patent application rights that has been registered with the State Intellectual Property Office, you can request the State Intellectual Property Office to issue a "Certificate of Transfer of Patent Application Rights." The certificate of transfer of patent application rights is only issued to the right holder of the patent application. To apply for a certificate of transfer of patent application rights, you need to pay the corresponding fee and submit the corresponding documents according to the following conditions:
1. If the applicant or agent applies for a certificate of transfer of patent application rights, they must Submit the "Request for Document Copies" signed by the applicant or agency.
2. Applicants who apply in person must provide proof of identity. If you entrust someone else to handle the application, you need to provide proof of identity of the person in charge, proof of entrustment relationship and proof of identity of the applicant.
3. If the applicant applies by mail, he/she needs to submit the applicant’s identity certificate. If the applicant entrusts another person to handle the application by mail, he or she needs to submit proof of the entrustment relationship, identity certificate of the person handling the application and identity certificate of the applicant.
