What are the latest patent transfer precautions in 2022
1. Avoid blindly expanding the value of patents - for patent rights The transfer bid should be based on the principle of being able to complete the transaction, otherwise the cooperation is likely to fail;
2. Avoid seeking speed - patent transfer is a legal process, and it is recommended that it be entrusted Relevant industry insiders (such as lawyers) should perform relevant operations and do not sign contracts casually;
3. Cooperation should be given top priority - the purpose of patent development, In addition to being an affirmation of oneself, and more importantly, it is beneficial and contributes to society and life. A patented technology with a certain technical content and market capacity can only be technology before it is transformed into productivity, so it can realize industrialization. Culture is the highest standard that benefits society and mankind. To some extent, it is also necessary to make appropriate concessions and lower the standards. After all, cooperation requires sincerity from both parties;
4. Keep relevant records - Keep records during the transfer process as much as possible, which is very important for follow-up issues and income distribution; before the transfer, do not easily conduct value evaluation and other operations, In particular, do not easily carry out such operations based on the other party's requirements. If you really need to conduct an evaluation, try to clarify the principles and proportions of the evaluation costs to avoid being deceived; do not easily hand over specific details such as technical data and relevant drawings before the transfer procedures are fully completed. Information; The above are the most basic issues that must be paid attention to during the patent transfer process. Finally, China Patent Online wishes you a successful patent transfer!
Patent transfer process
1. Find ways to transfer patents
Generally speaking, there are three ways: (1) transfer on the patent website; (2) entrust a patent intermediary to transfer; (3) transfer by yourself: the patentee Promote patents through the media and other means. Negotiate with investors on your own to promoteFor the transformation of scientific and technological achievements, you can also meet with investors on your own through introductions from friends.2. Sign a patent transfer contract
A patent transfer contract refers to certain A contract with rights and obligations entered into between legal entities regarding patent application rights, transfer of patent rights, patent implementation licenses or transfer of proprietary technology.
3. Prepare relevant documents required for patent transfer
Including the "Patent Rights Transfer Contract" ” and “Declaration Form for Change of Bibliographic Items”, fill out the “Report Form for Changes of Bibliographic Items”, and provide documentation proving the change of bibliographic items.
4. Submit documents to the Patent Office
Patent applicants or other parties can entrust the patent Agencies and patent agents apply for patents or handle other patent affairs with the Patent Office.
5. Waiting for the patent transfer result
After the patent office examines it, it will review the result Make notice. If the review is passed, the Patent Office will generally issue a patent transfer qualification notice within 2 to 6 months. If the patent rights are successfully changed, the relevant change results can be queried in the patent database of the State Intellectual Property Office.
The usual forms of patent transfer in my country
1. Exclusive licensing of patents and transfer of patents of ownership. If the patentee (inventor) transfers the entire patent to a company, after both parties sign the transfer contract, the inventor (patentee) only retains the invention rights.
2. Exclusive license for patent implementation means that a company buys out the patent. Only the patentee and the family business can use the technology, and the technology cannot be used. The patent is again transferred to a third party.
3. General license for patent implementation means that the patentee authorizes a certain enterprise or individual to produce the patent. It can also authorize multiple enterprises or individuals.
From the above content, we can know that when transferring patents, we must pay attention to avoid blindly expanding the value of the patent - the minimum bid for the transfer of patent rights should be based on the principle that the transaction can be completed, otherwise It is very likely that the cooperation will fail. Please refer to the above for details. If you have otherIf you have questions that need answers, welcome to the Legal Savior Network to consult online professional lawyers.
