1. Can utility model patents be transferred
1. Utility model patents Can be transferred. The transfer of a utility model patent requires the parties to enter into a written contract for the transfer of the utility model patent.
2. Legal basis: Article 10 of the "Patent Law" 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. What materials are needed for the transfer of utility model patents
The transfer of a utility model patent requires a patent change (change of bibliographic items) procedure. Materials:
1. Identity documents: Enterprise: Organization code certificate; Individual: Copy of ID card, front and back;
2. Copy of the first inventor's ID card (front and back)
3. Signature of the patent transfer contract. Matters stipulated in the patent transfer contract:
①Project name: The project name should indicate a certain invention, utility model or design patent rights transfer contract.
② The name and content of the invention and creation should be expressed in concise and clear professional terms to accurately and summarily express the name of the invention and creation, the professional and technical field to which it belongs, and the current The state of the art and the substantive features of the invention.
③Patent application date, patent number, application number and validity period of the patent right.
④ Patent implementation and implementation licensing. Some patent rights transfer contracts are concluded after the transferor or a third party enters into a patent implementation licensing contract. This kind of The situation should state whether the transferor continues to implement or have entered into the patent, how the rights and obligations of the implementation license contract are transferred, etc.
⑤The list of technical report materials should at least include the invention description, drawings and other technical materials necessary for general professional and technical personnel in the technical field to implement the invention and creation.
⑥Price and payment method.
⑦The calculation method of liquidated damages or loss compensation.
⑧Methods to resolve disputes.
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