Some Employers have job invention patents, belonging to the employer, but the employer may not be able to use it, you can transfer it to improve the optimal allocation of resources. So, the job invention patent transfer to find which department how to charge? Today, the legal savior editorial organized the following content for you to answer your questions, I hope to help you.
Job invention patent transfer to find which department how to charge
First, the patent transfer need to find the patent office registration notice
Patent law provides that the transfer of the right to apply for a patent, the parties must enter into a written contract, which will take effect after registration and announcement by the patent office. Written form and registration and announcement is the legal conditions of the contract for the transfer of patent application right effective, not signed in writing or without the patent office registration and announcement of the contract for the transfer of patent rights are not protected by law.
The transfer of patents should pay attention to the following points:
1, correctly assess the value of their patents, too high a price will scare away investors.
2、Mature technology, samples, and relevant videos for investors to see.
3, there is a detailed planning, and write the relevant planning.
4, the patent has been authorized, unauthorized patents are generally not transferred.
Second, how to charge
Patent transfer fees can be divided into three parts:
(a) the fees charged by the state department
According to the State Intellectual Property Office adjusted patent fee items and standards and related matters notice (No. 75) provides:
Handling Fee for Changes in the Matters to be Recorded
1. Change of inventor, applicant and patentee 200 yuan
(ii) Assignment fee of patent right
According to the type of patent, technology and other aspects to consider, a few thousand to hundreds of thousands of dollars, need to be negotiated between the two sides.
(iii) Agency agency fee
Agency fee is the agency for the client to provide various services charged by the cost of each agency has its own rules and algorithms, agency fees mainly include the provision of advice, preparation of application documents, and from the patent office acceptance of the application to the final authorization or dismissal of some of the affairs of the process, usually in the commission of a one-time charge, of course, according to the client and the content of the different, the amount and the payment method of the two sides Of course, depending on the client and the content, the amount and payment method can be negotiated between the two parties, and the details can be agreed by both parties in the agency agreement.
Problems need to communicate to solve, if the content is not too clear also want to further understand, we recommend that you promptly seek the help of the legal savior online lawyer.
