1. The Patent Law stipulates how to transfer patent application rights or patent rights
1. 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. Legal basis: "Patent Law of the People's Republic of China"
Article 10 Patents Application rights and patent rights are transferable.
When a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it shall be handled in accordance with the provisions of relevant laws and administrative regulations. formalities.
When transferring patent application rights or patent rights, the parties 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. What is the process for utility model patent transfer
The patentee can dispose of the patent he owns. In other words, if the patentee no longer wants to own the patent, he can dispose of it by others. When the relevant patent transfer process is completed, the patent can be successfully transferred to other people. This will not only allow the patentee to obtain a certain amount of transfer income, but also allow the patent transferee to obtain the patent at once. patent. But if you want to complete the transfer smoothly, you should follow the following five steps of the patent transfer process.
(1) Find ways to transfer patents. This is the most basic link in the patent transfer process, and it is also very easy to implement. There are actually many ways to call for patent transfer. For example, you can transfer on the patent website, you can entrust a patent intermediary, or you can even find relevant companies yourself.
(2) The patent assignor and the patent assignee sign a patent rights transfer contract. This is a critical step in the patent transfer process. Only after both the patent transferor and the transferee reach a consensus can subsequent transfer-related work be effectively carried out. In the transfer contract, there should be clear written content regarding the interests of both parties.
(3) Both parties should prepare the relevant documents required for patent transfer. These documents should be filled in strictly in accordance with the prescribed forms, so as to shorten the process of filing with the State Intellectual Property Office. Reduce the time for reviewing documents and speed up the review.
(4) Entrust a patent agency to submit relevant documents to the Patent Office. This is an important part of the patent transfer process. Because only after approval by the Patent Office can the patent transfer have a legal basis. Therefore, in this process, the entrusted patent agency will play an important role in it. Choosing an appropriate patent agency is also a detail that cannot be ignored in this process.
According to the provisions of the Patent Law, when transferring patent application rights or patent rights, the parties shall enter into a written contract and register it with the Patent Administration Department of the State Council. The patent administrative department shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
