Does free patent transfer need to be registered with the Intellectual Property Office?

Nowadays, everyone's awareness of patent protection is getting stronger and stronger, and more and more patents have been applied for in our country. If a patent is transferred for free, how should it be handled? Does the patent transfer have to be registered? What are the legal provisions on this? Next, the editor of the Legal Savior Network has compiled some information about the need to remove intellectual property rights for the free transfer of patents. Office registration and other related knowledge, everyone is welcome to read!

The free transfer of patents requires knowledge Has it been registered with the Property Rights Office?

Article 10, paragraph 3, of China’s Patent Law stipulates: “Transfer of 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 be announced by the Patent Administration Department of the State Council. The transfer of patent application rights or patent rights shall commence upon registration. It will take effect on that date." Without registration, the transfer of patent rights will not take effect.

Time for the patent right to take effect

Article 30 of the Patent Law Article 9 stipulates that if no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.

Article 40 of the "Patent Law" stipulates that if no reason for rejection is found after preliminary examination of utility model and design patent applications, the patent administration department of the State Council shall make a grant For decisions on utility model patent rights or design patent rights, a corresponding patent certificate will be issued, and it will be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.