Notes on patent transfer

There are the following matters needing attention in patent transfer: the transferor and the transferee should enter into a patent transfer contract, agreeing on the time, geographical scope, price payment method, payment date, etc. of the patent transfer; the Patent right belongs to the transferor; the content of the patent transfer contract does not It is illegal, does not violate social ethics, and is the true expression of the intentions of both parties. Regarding the matters needing attention in patent transfer, the editor of Legal Savior Network will give you detailed answers below.

1. What are the precautions for patent transfer

1. What are the matters for patent transfer? Note the following: the transferor and the transferee should enter into a patent transfer contract and agree on the time, geographical scope, payment method, payment date, etc. of the patent transfer; the patent right belongs to the transferor; the contents of the patent transfer contract are not illegal or illegal. It goes against social ethics and is the true expression of both parties’ intentions.

2. Legal basis: Article 10 of the "Patent Law of the People's Republic of China" states that the right to apply for a patent and the patent right can be transferred. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. When transferring patent application rights or patent rights, the parties concerned 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. There can be several patent owners

1. Both the patentee and the inventor can be multiple people .

2. means that only the patentee has the right to manufacture, use and sell the invention. A patent grants exclusive rights, and any natural person, legal person or other organization is not allowed to use, manufacture, or sell patented products without permission and without payment of remuneration

3. When there are multiple patentees, and there is no agreement, the rights are the same. If there is an agreement, the agreement shall prevail.

The inventor enjoys the right to reputation and has no rights to the patent itself. However, in the absence of an agreement, if it is a service invention, you have the right to receive corporate rewards. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.