1. How to carry out patent transfer What are the procedures for patent transfer
1 Methods for patent transfer: Under normal circumstances, the parties shall enter into a written transfer agreement, and both parties shall confirm the content of the agreement, sign or seal it, and then register it with the patent administration department of the State Council. The transfer of the patent right takes effect from the date of registration.
2. Legal basis:
Article 10 of the Patent Law of the People's Republic of China, Patent application rights and patent rights are transferable. 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 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.
Article 34 of the "Patent Law of the People's Republic of China", after the patent administration department of the State Council receives an invention patent application, it is determined upon preliminary examination that it meets the requirements of this law , it will be announced immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
2. There are several ways to transfer patent rights
Patent transfer in my country usually takes the following three forms:
1. Overall patent transfer, implementation of exclusive license, so-called transfer of patent ownership, 10 years of independent property rights. For example, the patentee (The inventor) transfers the entire patent to a company. After both parties sign the transfer contract, the inventor (patentee) only retains the invention rights.
2. Exclusive license for patent implementation means that a company buys out the patent. Only the patentee and the family business can use the technology, and the technology cannot be used. The patent is again transferred to a third party.
3. General license for patent implementation means that the patentee authorizes a certain enterprise or individual to produce the patent. It can also authorize multiple enterprises or individuals.
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