How to transfer the right to use patent rights
First, a transfer contract should be signed
Second, go to the Patent Office to complete the registration procedures, and the Patent Office will announce the contract. Effective 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 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.
Patent usage rights transfer conditions
1. Transfer of patents should comply with the Patent Law According to the relevant regulations, the patent transferor must have ownership of the patent. If the patent belongs to the enterprise, it must be approved by the superior authority. If the patent is transferred to a foreigner (or to a foreign country), it must be approved by the State Council and a patent transfer contract has been signed. The contract must be registered and announced by the Patent Office before it takes effect. Once the patent transfer contract takes effect, the rights and obligations arising therefrom are also transferred.Moved to transferee.
2. The transferee must obtain the patent for the promotion and application of the patented technology, rather than for the purpose of monopolizing the technology.
3. The patent assignor must ensure that the assignee To obtain technical knowledge, the transferor of a patent license contract shall permit the transferee to exploit the patent as agreed, deliver technical materials related to the exploitation of the patent, and provide necessary technical guidance.
4. A patent implementation license contract can only be entered into under the patent The patent right is valid during the duration of the patent right. When the validity period of the patent right expires or the patent is declared invalid, the patentee shall not enter into a patent license contract with others.
5. The assignee of a patent implementation license contract shall not Licensing third parties other than those agreed with the assignor to exploit the patent and charge agreed fees.
6. The patentee has implemented the patent before the patent transfer After the transfer contract is established, the implementation of the invention-creation shall cease.
7. Before the patent transfer contract is established, the patent right A patent license contract or a non-patent transfer contract entered into between a person and another person shall remain valid after the patent transfer contract is established, and the rights and obligations agreed upon shall be transferred to the assignee of the patent transfer contract.
Patent owners can transfer their patent rights, but there are certain conditions and certain procedures must be followed. Otherwise, problems will arise in the transfer of patent rights. Regarding the transfer of patent rights, if your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
