How to inherit trademarks, patents, and copyrights
Patent right inheritance means that the heir inherits the patent right during the protection period. The property rights part, such as the right to license others to use patent rights, the right to collect patent royalties, etc.
Patent right is an intangible property right, but it is also It has certain characteristics of property rights, that is, the patentee has the right to dispose of the patent right, and has the right to transfer, donate, and license the patent right to others. When the patentee dies or disappears, his legal heir or successor has the right to inherit the patent right. Patent rights. The transfer of patent rights means that the owner of the rights has changed. This change can occur due to the voluntary transfer of the patentee, such as sale, conversion or donation, or it can occur due to statutory reasons, such as the death or disappearance of the patentee.
When the patentee is a natural person, once the natural person dies, the patent right will be transferred to the person who has the right to inherit according to the provisions of the inheritance law. If the patentee is a legal person, once a merger or dissolution occurs, the patent right will be transferred to the legal person who has the right to inherit the right.
The Patent Law stipulates that the change of the subject of patent rights is a required legal act. That is, it must go through legal procedures before it can be performed, and it must be completed before it can take effect.
Therefore, once the patentee dies or disappears, the heir or successor of the patent right The recipient should go through the procedures for inheritance or succession of the patent right at the Patent Office. - That is, when the patentee is a natural person, the death certificate of the patentee must be submitted, and proof of his/her relationship with the patentee must be submitted.Proof of the legal inheritance relationship between the rights holders, such as proof of the relationship between parents and children, proof of the relationship between husband and wife, etc. When the patentee is a legal person, a certificate of dissolution or merger of the legal person must be submitted, or If the enterprise that inherits the patent right is required to obtain a certificate from the superior department in charge, and after review by the Patent Office, it can go through the procedures for changing the items recorded in the patentee's records, and the patent right will be inherited or inherited by the enterprise, which must be registered and announced by the Patent Office. .
"Civil Code" Article 112 Article 13 [Effectiveness of statutory inheritance, testamentary inheritance, legacy and legacy support agreement] After the inheritance begins, it shall be handled in accordance with statutory inheritance; if there is a will, it shall be handled in accordance with testamentary inheritance or legacy; if there is a legacy support agreement, it shall be handled in accordance with the agreement.
I believe that after reading the above introduction, you should pay attention to how to solve it. You have a certain understanding of the legal knowledge of responsibilities. 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.