What are the precautions for cooperative patent transfer
Step one: Find a way to transfer the patent.
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 a patent website, you can entrust a patent intermediary, or you can even find relevant companies yourself.
Step 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, the interests of both parties should be clearly stated.
Step 3: Both parties prepare the relevant documents required for patent transfer.
These documents should be filled in strictly according to the prescribed form, so as to shorten the time for the State Intellectual Property Office to review the documents and speed up the review.
Step 4: 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.
Step 5: Patent transfer processThe final step is to wait for the patent transfer result.
After the patent office examines the application, it will notify you of the examination results. If the review is passed, the Patent Office will generally issue a patent transfer qualification notice within 2 to 6 months. And the relevant change results can be queried in the patent database of the State Intellectual Property Office.
The Patent Law stipulates that patents are divided into three types: inventions, utility models, and designs. "Invention" refers to a new technical solution proposed for a product, method or improvement thereof; "Utility model" refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use; "Design" ” refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Notes on patent transfer:
1. Avoid blindness Expand the value of patents - The minimum bid for the transfer of patent rights should be based on the principle that the transaction can be completed, otherwise the cooperation is likely to fail;
2. Avoid seeking speed - patent transfer is For legal procedures, it is recommended to entrust relevant industry insiders to carry out relevant operations;
3. Put cooperation first. Patent development is important for society and life. It has benefits and contributions. A patented technology with certain technical content and market capacity can only be technology before it is transformed into productivity. Therefore, industrialization is the highest standard for benefiting society and mankind;
4. Keep records of the transfer process as much as possible, which is very important for subsequent 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; do not easily hand over specific information such as technical data and relevant drawings before the transfer procedures are fully completed.
The following aspects should be noted when transferring patent rights:
1. Pay attention to the issue of the right holder. It mainly depends on whether the transferor is the legal holder of the patent, whether there are co-owners, and whether there is the nature of a service invention. For patents of state-owned enterprises, pay attention to whether there are any approval opinions.
2. Pay attention to the issue of the transferee. In particular, the transfer of patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities of the State Council.
3. Note that the transfer of patent rights must be registered and announced by the Patent Office in accordance with the law before it takes effect.
4. The patent must be clearly stated in the patent transaction transfer contract The name, nature, content and ownership status of the patent, and special attention should be paid to the protection period of the patent right.
5. In the patent transfer contract, it must be clear that the patent is being transferred The previous implementation status and possible consequences. There should also be a clear agreement on whether the transferor can continue to implement the technology under the patent after the patent is transferred.
6. Pay attention to agreeing on the ownership of subsequent improved technological achievements.
To transfer the patent application right, you should first sign a transfer contract, then go through the registration procedures at the Patent Office, and Announced by the Patent Office, the contract takes effect from the date of registration.
A patent application right transfer contract means that the transferor transfers the right to apply for a patent for his invention and creation to The contract is entered into by the transferee, and the transferee pays the agreed price.
The main terms of the patent application right transfer contract are: contract name, invention title , type of invention, inventor or designer, technical information and data list, liability for rejection of patent application, price and method of payment, calculation method of liquidated damages, dispute resolution, etc.
The above is what the editor explains to you about what you should pay attention to when it comes to cooperative patent transfers. There are also relevant legal provisions for cooperative patent transfers, and the relevant laws and regulations must be followed during the transfer process. Otherwise, the patent transfer will not be successful. To learn more about the law, please go to the Legal Savior website for professional consultation.
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