How to handle patent application transfer

Patent rights are a form of legal protection. We must learn to safeguard our legitimate rights and interests from a legal perspective. Regarding how to transfer patent rights and Patent application rights, the editor of Legal Savior Network has compiled relevant information. I hope it will be helpful for you to understand this aspect.

How to transfer a patent application

To transfer the right to apply for a patent, you must first sign a transfer contract and then go to the Patent Office The registration procedures will be completed and announced by the Patent Office. The contract will take effect from the date of registration. ? 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 are: contract name, invention title, invention type, inventor or designer, technical information and data list, liability if the patent application is rejected, price and method of payment, liquidated damages and losses Amount calculation methods, dispute resolution methods, etc.

Patent transfer is the possession of patent application rights and patent rights A legal act in which a person transfers his patent application rights and patent rights to others. The Patent Law of the People's Republic of China stipulates that the right to apply for a patent and the patent right may be transferred. The transfer of patent application rights or patent rights by a state-owned enterprise must be approved by the superior competent authority; the transfer of patent application rights or patent rights by a Chinese person (or unit) to a foreigner must be approved by the relevant competent authorities of the State Council. Parties who transfer patent applications or patent rights must enter into a written contract, which will take effect after being registered and announced by the State Intellectual Property Office. Patent transfer includes various forms such as sale and stock investment.

Written form and registration and announcement are patent application rights The legal conditions for the transfer contract to take effect. The transfer of patent rights without signing a written contract or without being registered and announced by the State Intellectual Property Office will not be legally effective.

Legal basis:

"People's Republic of China Article 10 of the Patent Law of the Republic

Right to apply for a patent and patent rights are transferable.

Chinese entities or individuals provide services to foreigners and foreign enterprises If any other foreign organization transfers the right to apply for a patent or the patent right, it shall go through the procedures in accordance with the provisions of relevant laws and administrative regulations.

Where a patent application right or patent right is transferred, the party concerned A written contract must be concluded and registered 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.

I believe that after reading the above introduction, you will know how to Now that you have a certain legal understanding of the responsibilities that need to be paid attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.