1. Is it possible to partially transfer patent rights?
1. According to the relevant laws and regulations of my country The law stipulates that the patentee and the transferee can transfer part of the patent if they reach an agreement, but whether the patent can be transferred ultimately needs to be approved by the patent management department.
2. Legal provisions: "Patent Law of the People's Republic of China"
Article 10 Patents Application rights and patent rights are transferable.
Chinese entities or individuals that transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations shall handle the matter in accordance with the provisions of relevant laws and administrative regulations. formalities.
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.
2. What are the matters needing attention in a patent transfer contract
1. The transfer of a patent should comply with the relevant provisions of the Patent Law. The patent transferor must have ownership of the patent. If the patent belongs to the enterprise, it must be With the approval of 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 must be signed. The contract must be registered and announced by the Patent Office before it takes effect. Once the patent transfer contract takes effect, the resulting The rights and obligations are transferred to the assignee.
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. PatentThe transferor must ensure that the transferee obtains technical knowledge. The Civil Code stipulates that “the transferor of a patent license contract shall, in accordance with the agreement, license the transferee to exploit the patent, deliver technical materials related to the exploitation of the patent, and provide necessary technical guidance. ”
4. A patent implementation license contract can only be 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 You are not allowed to enter into a patent implementation license contract with others.
5. The assignee of a patent license contract shall not permit a third party other than those agreed with the assignor to exploit the patent and charge the agreed fees.
6. The patentee has implemented the invention before the patent is transferred. After the transfer contract is established, he should stop implementing the invention (if there is an agreement, according to the agreement) create.
7. Before the patent transfer contract is established, the patent implementation license contract or non-patent transfer contract concluded between the patentee and others shall remain valid after the patent transfer contract is established. efficient.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, if the patentee and the assignee reach an agreement, the patent can be transferred. For some patents, whether they can ultimately be transferred or not requires approval from the patent management department. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
