1. Patent transfer registration process
1. Sign the transfer contract. 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.
2. The materials required to go to the Patent Office for registration include the "Declaration Form for Changes in Bibliographic Items" and the certification materials for changes in bibliographic items, and then together with the "Patent Rights Transfer" Contract" shall be submitted to the State Intellectual Property Office.
3. After submitting relevant materials, a bibliographic item change fee needs to be paid, and should be paid within one month from the date of request.
4. After the State Intellectual Property Office has reviewed the submitted materials and passed them, it will issue a "Notice of Qualified Change Procedures".
5. Article 2 of the "Patent Law of the People's Republic of China", the inventions and creations referred to in this law refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
2. The difference between Patent right transfer and patent application right transfer
2. strong>
1. There are similarities and differences between the transfer of patent rights and the transfer of patent application rights. The similarity is that the owner of the two rights is usually the inventor (sometimes the patent right is not necessarily the inventor), and the object of the transfer of the other two is a right.
2. The essential difference between the transfer of patent rights and the transfer of patent application rightsThe difference is:
(1) The subject of the contract in the transfer of patent rights is the patent right, while the subject of the contract for the transfer of patent application rights is the patent application right;
p>
(2) The transfer of patent rights occurs after the patent is authorized, and the transferor is the patentee, while the transfer of patent application rights occurs before the patent is authorized, and the transferor is the patent applicant. .
No comments yet. Say something...