What are the obligations of the parties to a patent transfer contract
1. Obligations of the transferor
The transferor shall transfer the patent right to the transferee or hold it within the period agreed in the contract. When transferring patent rights, the transferor shall provide relevant technical information and materials to the transferee so that the transferee can promptly and accurately master the patented technology and effectively implement its patent rights.
The assignor should also guarantee its patent rights Authenticity and validity require that the assignor must have the right to transfer the patent right.
2. Obligations of the assignee
The legal obligation of the assignee is to provide The transferor pays the agreed price.
What are the matters that the State Intellectual Property Office should pay attention to in the patent transfer contract
1. Confirm the type and legal status of the patent right
According to the provisions of China’s Patent Law, patents include inventions, utility models and There are three types of designs. Among them, utility model and design patents are authorized without substantive examination, so the "stability" of their patent rights is relatively poor. The transferee should fully understand the type of patent rights being transferred and weigh the benefits of the transfer. Potential risks, if necessary, the patentee can be asked to provide a search report issued by the State Intellectual Property Office.
The transferee should conduct a legal status search to confirm that the patent to be transferred is a valid patent and confirm the remaining validity period of the patent right.
2. Pay attention to the identity of the patentee and assignee
Assignees should pay attention to whether the assignor of the patent right is the legal holder of the patent. Is there any other co-owner of the patent right? Whether it is a service invention; whether the transferor of the patent right is a state-owned enterprise; Complete the procedures for the transfer of state-owned assets in accordance with the regulations on asset transfer.
Some technologies involved in patent rights may be of great significance to national interests. Transferring such technologies to foreigners may have an adverse impact on China's national interests. Therefore, according to the provisions of the Patent Law, China Units or individuals that transfer patent rights to foreigners, foreign enterprises or other foreign organizations must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. The "laws and administrative regulations" referred to in the Patent Law mainly refer to the "Foreign Trade Law" and the "Technology Import and Export Management Regulations".
Everyone After reading the content of this article, it will be clear. This is also a relatively important legal knowledge at present. If you have other questions, please feel free to consult the professional lawyers of the Legal Savior Network.
