Is there any regulation on how long patent transfer takes
There is no clear rule on how long patent transfer takes.
my country's law has made it clear on the transfer of patent rights Legal provisions for To transfer a patent right or patent right, the parties must enter into a written contract, which will take effect after being registered and announced by the Patent Office." In other words, to transfer a patent right, both parties must sign a contract and register and announce it. The transfer of the patent right will not take effect until the contract becomes effective. . Therefore, the transfer time of the patent right is after the registration announcement.
Issues that need to be paid attention to when transferring patents
1. Patent implementation and implementation licensing situation and disposal methods. Before the transfer contract is signed, the transferor has already implemented the patent. The transfer contract can stipulate that after the transfer contract is signed,After it becomes effective, the transferor may continue to implement or stop implementing the patent. If there is no agreement in the contract, the transferor should stop implementing the patent. Before the transfer contract is signed, the rights and obligations of the license contract that the transferor has allowed others to implement will be transferred to the transferee from the date when the transfer contract becomes effective.
2. Transfer fee and payment method. The transfer fee for the patent rights involved shall be paid in one lump sum. From the date when the contract comes into effect, or after the patent office announces it, the transferee shall remit the entire transfer fee to the transferor's account, or remit it in cash to (or Face-to-face delivery) transferor. The transfer fee for the patent rights involved shall be paid in installments. From the date when the contract becomes effective, or after the patent office announces it, the transferee will remit part of the transfer fee to the transferor's account; after the transferor delivers all the information, The transferee remits (or pays in person) the remaining transfer fees to the transferor; the method of payment is bank transfer (or collection, cash payment, etc.), and the cash payment location is generally the place where the contract is signed.
3. Patent rights revoked and declared invalid According to the relevant provisions of the Patent Law, after the establishment of the transfer contract, when the transferor's patent rights are revoked or declared invalid, if there is no obvious violation of the principle of fairness and the transferor has no malicious intent to cause losses to the transferee, the transfer will be The party will not return the transfer fee to the transferee, and the transferee will not return all the information. If the signing of the transfer contract clearly violates the principle of fairness, or the transferor intentionally causes losses to the transferee, the transferor shall return the transfer fee. When another person files a request to the Patent Office to revoke the patent right, or requests the Patent Reexamination Board to declare the patent right invalid, or is dissatisfied with the decision of the reexamination committee (for invention patents) and files a lawsuit in the People's Court, the transferee shall be responsible after the transfer contract is established. Defend and bear the resulting request or litigation costs.
4. Taxes. If both the transferor and the transferee are Chinese citizens or legal persons, the transfer fee involved in the transfer contract shall be taxed by the transferor in accordance with the tax law of the People's Republic of China. If the transferor is an overseas resident or entity, the transferor shall pay tax to the Chinese tax authorities in accordance with the tax laws of the People's Republic of China.
If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation. The professional legal team at the Legal Savior Network will answer your questions in a timely manner, allowing you to safeguard your own rights in a timely manner. Rights and interests.
