1. How to apply for a patent and what is the process?
1. Determine the type of patent application
There are three types of patents. Different applications have corresponding application forms, so be sure to determine the type before applying to avoid problems during review.
2. Submit application documents
After clarifying the type of application, the invention should be The person or inventor writes the application documents on behalf of the applicant organization and prepares the application documents as required, and then submits them to the China Patent Society for review.
3. The Chinese Patent Office will review and make a conclusion
The application documents will be submitted by the Chinese Patent Office The patent office conducts a document review. After the review is completed, the applicant will be informed whether the patent application has been approved.
Knowledge is priceless. The best way to protect your intellectual property rights is to apply for a patent certificate as required as early as possible and protect your intellectual property rights through law.
2. Process of transferring patent application rights
1. Sign a transfer contract. A patent application right transfer contract refers to a contract in which the transferor transfers the right to apply for a patent for his invention to the transferee, and the transferee pays an agreed price. The main terms of the patent application right transfer contract include: contract name, invention title, invention type, inventor or designer, technical information and data list, liability for rejection of patent application, price and method of payment, liquidated damages and losses Amount calculation methods, dispute resolution methods, etc.
2. Go to the Patent Office to complete the registration procedures, and the Patent Office will announce the contract. The contract will take effect from the date of registration.
3. Other things that need attention Yes, if there are two or more patent applicants, the transfer of the patent application right must be approved by all rights holders; if a Chinese unit or individual transfers the patent application right or patent right to a foreigner, it must be approved by the Ministry of Foreign Economic Relations and Trade of the State Council. The department shall approve it together with the science and technology administrative department of the State Council.
3. Patent transfer conditions are met
The Patent Law stipulates that when transferring the right to apply for a patent, the parties must enter into a written contract, which will take effect after being registered and announced by the Patent Office. The written form and registration and announcement are legal conditions for the transfer of the right to apply for a patent to take effect. If the contract is not signed, Patent rights transfer contracts in writing or without registration and announcement by the Patent Office are not protected by law.
IV. Pay attention to the following points when transferring patents
1. Correctly evaluate the value of your patents. Too high a price will scare away investors.
2. The technology is mature, there are samples, and there are relevant videos for investors to see.
3. Have a detailed plan and write it down Relevant planning documents.
4. The patent has been authorized, and unauthorized patents are generally not transferable.
;">When an individual creates a product that did not exist before in China, he or she can go to a designated institution to apply for a patent in accordance with the established procedures after bringing together relevant materials. After a civil subject obtains a patent, If you can transfer the patent to other entities, you may receive remuneration, so you need to pay taxes.
The above is the relevant information brought to you by the editor of Legal Savior Network Legal knowledge, if your situation is more complicated or you have other questions, you are welcome to come to the Legal Savior Network for online consultation. We will have professional lawyers to help you. Of course, if you want to protect your legal rights more effectively, you can also You can directly entrust a lawyer from the Legal Savior Network.