Patent transfer procedure

The procedure for transferring patent rights includes finding a way to transfer the patent, signing a patent transfer contract between the patent assignor and the patent assignee, preparing the relevant documents required for patent transfer by both parties, entrusting a patent agency to submit the relevant documents to the patent office, etc. For more information about the patent transfer procedure, the editor of Legal Savior Network will answer your questions below.

1. Procedure for patent transfer

1. Find the person who wants to transfer the patent Channel;

2. The patent assignor and the patent assignee sign a patent transfer contract;

3. Both parties prepare relevant documents required for patent transfer;

4. Entrust a patent agency to submit relevant documents to the Patent Office.

2. Patent rights include the following rights

1. The right to apply for patents, and only inventions, utility models and designs can be applied for patents;

2. Exclusive right to implement patent; 3. Right to transfer patent;

4. Right to license patent;

5. Other rights included in patent rights.

Legal basis: "Patent Law of the People's Republic of China"

Article 2 This Law The so-called inventions and creations refer to inventions, utility models and designs.

Invention refers to a new technical solution proposed for a product, method or improvement thereof.

Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.

Appearance design refers to theThe overall or partial shape, pattern or combination of the product, as well as the combination of color, shape, and pattern create a new design that is aesthetically pleasing and suitable for industrial applications.

Article 22: Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.

Novelty means that the invention or utility model does not belong to the existing technology; there is no prior patent application by any unit or individual for the same invention or utility model before the filing date. An application has been filed with the patent administration department of the State Council and recorded in the patent application documents or announced patent documents published after the application date.

Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress. The utility model has substantive features and progress. .

Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.

The prior art referred to in this Law refers to the technology that was known to the public at home and abroad before the filing date.