How is the effective time of a patent transfer contract calculated
The Patent Law stipulates that the right to apply for a patent and the patent right can be transferred . It also stipulates that if the patent application right or patent right is transferred, the parties must enter into a written contract, which will take effect after being registered and announced by the Patent Office.
In practice, the transfer contract begins with the signature of both parties. There is a period of time between the patent office registration and the announcement, so how should the legal issues arising during this period be handled? This involves the issue of whether the transfer contract is valid. According to the provisions of the Contract Law, the contract shall take effect from the date of signature by both parties. However, due to the characteristics of patent applications themselves, patent applications or transfers of patent rights must be registered and announced by the Patent Office so that the public can understand the legal status of the change in the subject of the patent rights.
Although the signatures of both parties to the transfer contract have taken effect according to the contract law, However, since it has not yet been announced, the transfer contract cannot be effective against a third party, that is, the transferee (new patentee) cannot exercise the rights of the patentee as the patentee for the time being. For example, it cannot permit others to implement it or prevent others from doing so. Infringement, etc. Only after registration and announcement by the Patent Office will the transfer contract be effective against third parties and fully effective. Before that, the transfer contract was only effective between the parties, so it can be said to be partially effective.
What terms should a patent transfer contract contain
The contract should generally have the following terms:
①Project name: The project name should state a certain invention or transfer contract.
②The name and content of the invention and creation should be concisely Clear professional terms should accurately and summarily express the name of the invention and creation, the professional technical field to which it belongs, the status of the existing technology and the substantive features of the invention and creation.
③Patent application date, patent number, application number and The validity period of the patent right.
④ Patent implementation and implementation licensing status, some patent rights The transfer contract is concluded after the transferor or a third party has entered into a patent license contract. In this case, it should specify whether the transferor will continue to exploit or the patent that has been entered into, how the rights and obligations of the license contract are transferred, etc.
⑤ List of technical information materials, which should at least include the invention description , drawings and other technical materials necessary for general professionals in the technical field to implement the invention and creation.
⑥Price and payment method.
⑦Method for calculating liquidated damages or loss compensation.
⑧ Dispute resolution method. If the parties are willing to submit the dispute to an arbitration institution trusted by both parties for arbitration, the arbitration institution should be clearly stated in the contract. The mutually accepted technical contract arbitration should be clearly stated. This clause has the effect of excluding jurisdiction. Effectiveness.
The above is the editor's opinion on "Patent Transfer Contract" The content compiled by the question "How is the effective time calculated?" The transfer of a patent must be registered and announced by the Patent Office to take effect. It does not come into effect when the transfer contract is signed. I hope everyone will pay attention. If readers have legal questions to consult, Welcome to the Legal Savior Network.
