1. Conditions for the transfer of the patent
The Patent Law stipulates that where the right to apply for a patent is transferred, the parties must conclude a written contract, which shall become effective after it has been registered and announced by the Patent Office. The written form and registration and announcement are the legal conditions for the Patent application right transfer contract to take effect, and the patent right transfer contract that is not signed in written form or registered and announced by the Patent Office is not protected by law.
2. How can patents be transferred
1. Sign the transfer contract. A contract for the assignment of the right to apply for a patent refers to a contract concluded by which the transferor transfers the right to apply for a patent for its invention-creation to the transferee and the transferee pays the agreed price. The main provisions of a contract for the assignment of the right to apply for a patent include: the name of the contract, the name of the invention-creation, the type of the invention-creation, the inventor or creator, the list of technical information and materials, the liability for rejection of the patent application, the price and the method of payment, the calculation method of the amount of damages for breach of contract, and the resolution of the dispute.
(2) As announced by the Patent Office, the contract shall take effect on the date of registration.
3. It should also be noted that if the patent applicant is two or more persons, the transfer of the patent application right must be agreed by all the right holders; Any assignment of the right to apply for a patent or the patent right by a Chinese entity or individual to a foreigner must be approved by the department in charge of foreign economic relations and trade under The State Council in conjunction with the administrative department for science and technology under The State Council.
For the transfer of patent application right registered with the State Intellectual Property Office, the State Intellectual Property Office may be requested to issue a "certificate of transfer of patent application right". The certificate of assignment of the right to apply for a patent shall be issued only to the right holder of the patent application. To apply for the certificate of transfer of patent application right, the corresponding fee shall be paid and the corresponding documents shall be submitted according to the following circumstances:
1) If the applicant or agent applies for the certificate of transfer of the right to apply for a patent, it is necessary to submit the "Request for a copy of the application document" signed by the applicant or the agency.
2) If the applicant applies in person, he/she needs to provide his/her identity proof. In case of entrustment, it is necessary to provide the identity certificate of the handler, the entrustment relationship and the identity certificate of the applicant.
