What are the obligations in a patent application right transfer contract
Patent application right transfer contract The transferor's main obligation is to transfer the right to apply for a patent for the invention-creation stipulated in the contract to the transferee, and to provide the technical information and materials needed to apply for a patent and implement the invention-creation.
The main transferee of the patent application right transfer contract The obligation is to pay the agreed price to the transferor in accordance with the contract.
The technical information provided by the assignor should fully disclose the technical content of the invention and creation. When applying for a patent, the assignee may further require the assignor to supplement necessary information. technical details, so that the patent application documents can reach the level that ordinary professional and technical personnel in the technical field can implement the invention.
What is the legal effect of the transfer of patent rights?
Transfer of patent application rights refers to the transfer of patent application rights to other units or individuals with or without compensation. The rights themselves are transferred and the transferor no longer enjoys the rights.
According to the provisions of my country's patent law, the right to apply for a patent can be transferred. Because this right is a property right, the obligee can freely dispose of it as he wishes within the scope of the law, and transferring this right to others is one of the ways of disposing the right.
However, when the right to apply for a patent is transferred, the right of signature and the right to receive spiritual rewards enjoyed by the inventor or designer are not transferred at the same time. In other words, after obtaining the right to apply for a patent, the assignee does not become the inventor or designer, nor does he enjoy the honor of the inventor or designer. Because these rights are personal rights and are inseparable from the person of the inventor or designer, they cannot be transferred or transferred through inheritance or other means.shift.
A written contract must be concluded to transfer the right to apply for a patent. In addition, the parties should submit a copy of the contract to the China Patent Office, and it will not take effect until it is registered and announced by the Patent Office.
How to agree on the price of a technology contract
The price, remuneration or royalties of a technology contract shall be borne by the parties based on the economic and social benefits of the technological achievements, the cost of research and development of the technology, the degree of industrialization of the technological achievements, the rights and interests enjoyed by the parties and the responsibilities Responsibilities are negotiated and agreed upon. If the price, remuneration or royalties include non-technical payments, they shall be calculated item by item. The method of payment of the price, remuneration or usage fee of a technology contract shall be agreed upon by the parties, and may be in the form of a lump sum, a lump sum or a lump sum and installment payment, or may be paid as a commission or in the form of a commission payment plus a prepaid entrance fee. If it is agreed that commission payment will be made, it can be based on a certain percentage of the product price, the new output value, profit or product sales after the implementation of the patent and the use of technical secrets, or it can also be calculated according to other agreed methods. The proportion of commission payment can be fixed proportion, increasing proportion year by year or decreasing proportion year by year. If the parties agree on commission payment, the parties shall agree in the contract on the method for reviewing relevant accounting accounts.
Based on the above, the editor has compiled relevant content about patent application rights. It can be seen that the main obligation of the transferee of the patent application right transfer contract is to pay the agreed price to the transferor in accordance with the contract. The technical information provided by the assignor shall fully reveal the technical content of the invention. If you have more questions in this regard, Legal Savior Network provides professional legal consulting services.
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