Can personal inventions that have not been patented be transferred
Not transferable. Before applying for a patent, there is no transfer protection without proof of application and relevant personnel.
1. How to transfer personal patents
Patent assignment means that the patentee, as the assignor, transfers his invention A contract that creates ownership of a patent or transfers ownership rights to a transferee, and the transferee pays an agreed price. The party who obtains the patent right through the patent rights transfer contract becomes the new legal patentee. The following procedures should be followed when transferring patent rights:
Submit the patent transfer contract signed by the legal representatives of both parties, the identity certificates of the patentee and the assignee, a copy of the patent certificate and the legal status certificate, the letter of termination from the original agency and the assignee's new agency Original power of attorney and industrial and commercial change certification materials.
2. Things to note when transferring patent rights
For inventors who have obtained patent rights, they need to pay attention to the following points when transferring patents:
1. Avoid blindly expanding the value of patents - the minimum bid for the transfer of patent rights should be based on the principle that the transaction can be completed, otherwise the cooperation is likely to fail;
2. Avoid seeking speed - patent transfer is a legal process, it is recommended to entrust it Relevant industry insiders (such as lawyers) should perform relevant operations and do not sign contracts casually on your own;
3. Cooperation should be given top priority - the purpose of patent development is not only to affirm oneself, but more importantly, to benefit and contribute to society and life. A project with certain technical content Patented technologies with market capacity and market capacity can only be technologies before they are transformed into productivity. Therefore, realizing industrialization is the highest standard that benefits society and mankind. To some extent, it is appropriate to make concessions and lower some standards. The same is true It is necessary, after all, cooperation requires sincerity from both parties;
4. Keep relevant records as much as possible during the transfer process, which is very important for subsequent issues and income distribution; before the transfer, do not easily conduct value assessment and other operations, especially do not easily base on If the other party requires such an operation, if an evaluation is really necessary, try to clarify the principles and proportions of the evaluation costs to avoid being deceived; do not easily hand over specific information such as technical data and relevant drawings before the transfer procedures are fully completed.
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