1. How to determine the place of performance of a patent transfer contract
What happens when a patent transfer occurs If there is a dispute, the case shall be brought to the court at the place where the contract is performed. If there is an agreement in the transfer contract, the agreed place is the place where the contract is performed. If there is no agreement, generally the place where the party receiving the currency is located is the place where the contract is performed.
"Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"
Article 18 If the contract stipulates a place of performance, the agreed place of performance shall be the place of performance of the contract.
If the contract does not stipulate the place of performance or the stipulation is unclear, and the subject of the dispute is the payment of currency, the location of the party receiving the currency shall be the place of performance of the contract; if the real estate is delivered, the location of the real estate shall be The place where the contract is performed; for other subjects, the place where the party performing the obligation is located is the place where the contract is performed. For a contract that is settled immediately, the place where the transaction occurs is the place where the contract is performed.
If the contract is not actually performed and the domicile of both parties is not the place of performance stipulated in the contract, the People's Court at the place of the defendant's domicile shall have jurisdiction.
2. What procedures are required for patent transfer
1. Find ways to transfer patents.
This is the most basic link in the patent transfer process, and it is also very easy to implement. There are actually many ways to call for patent transfer. For example, you can transfer on a patent website, you can entrust a patent intermediary, or you can even find relevant companies yourself.
2. The patent assignor and the patent assignee sign a patent transfer contract.
This is a specialThis is a critical step in the interest transfer process. Only after both the patent transferor and the transferee reach a consensus can subsequent transfer-related work be effectively carried out. In the transfer contract, the interests of both parties should be clearly stated.
3. Both parties should prepare relevant documents required for patent transfer
These documents should be strictly Filling in the form according to the regulations can shorten the time for the State Intellectual Property Office to review documents and speed up the review.
4. Entrust a patent agency to submit relevant documents to the Patent Office.
This is an important part of the patent transfer process. Because only after approval by the Patent Office can the patent transfer have a legal basis. Therefore, in this process, the entrusted patent agency will play an important role in it. Choosing an appropriate patent agency is also a detail that cannot be ignored in this process.
5. Wait for the patent transfer result.
After the patent office examines the application, it will notify you of the examination results. If the review is passed, the Patent Office will generally issue a patent transfer qualification notice within 2 to 6 months. And the relevant change results can be queried in the patent database of the State Intellectual Property Office.
Through the above analysis, we know that according to the provisions of the "Judicial Interpretation of the Civil Procedure Law", if a patent transfer contract is signed and a patent transfer dispute arises, if the transfer contract contains If there is an agreement, the agreed place is the place where the contract will be performed. If there is no agreement, the place where the party receiving the currency is generally located is the place where the contract will be performed. If you need legal help, readers can go to the Legal Savior Network for consultation.
