What are the matters needing attention in the free transfer of patents
1. Confirm whether the transferor is the legal patentee
2. Clarify the implementation status and consequences of the invention before the patent right is transferred
3. Clarify the reasons and legal consequences for the patent right to be declared invalid
"Patent Law" provisions , to transfer the right to apply for a patent, the parties must enter into a written contract, which will take effect after being registered and announced by the Patent Office. Written form, registration and announcement are legal conditions for a patent application right transfer contract to take effect. Patent right transfer contracts that are not signed in writing or registered and announced by the Patent Office are not protected by law.
Patent transfer means that the patentee, as the transferor, transfers the ownership or holding rights of his invention patent to the transferee, and the transferee agrees to pay The contract entered into for the price.
1) Avoid blindly expanding the value of patents - the bottom line for the transfer of patent rights 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. It is recommended that you entrust relevant industry insiders (such as lawyers) to carry out relevant operations, and do not sign a contract casually on your own;3) Cooperation should be given top priority - the purpose of patent development is not only to affirm oneself, but more importantly, to benefit and contribute to society and life. A patented technology with a certain technical content and market capacity can only be technology before it is transformed into social productivity. Therefore, industrialization is the highest standard that benefits society and mankind. To some extent, appropriate concessions and adjustments must be made. It is also necessary to lower the bid. After all, cooperation requires sincerity from both parties;
4), keep relevant records - do as well as possible in the transfer process records in, which will be important for follow-up issues and distribution of proceeds; prior to transfer, do notDo not easily carry out operations such as value assessment, especially do not carry out such operations based on the other party's request. If you really need to conduct an assessment, try to clarify the principles and proportions of the assessment fees to avoid being deceived; do not hand over the goods easily before the transfer procedures are completely completed. Specific information such as technical data and relevant drawings.
Related knowledge:
Patent transfer fee:
1. Fees collected by national departments
Submit the "Declaration Form for Change of Bibliographic Items" to the State Intellectual Property Office, A handling fee of RMB 250 for change of bibliographic items shall be paid within one month from the date of request.
2. Patent transfer fees
Based on the type of patent Considering aspects such as technology and technology, the price ranges from several thousand to hundreds of thousands, and you need to negotiate with the other party.
3. Agency fee
The agency fee is the Each agency has its own regulations and algorithms for the fees charged by the client for providing various services. The agency fees mainly include providing consultation, preparing application documents, and handling some affairs from the patent office's acceptance of the application to final authorization or rejection. It is usually collected in one lump sum at the time of entrustment. Of course, depending on the client and the content, the amount and payment method can still be negotiated by both parties. The specifics can be agreed upon by signing an agency agreement between the two parties.
