What are the procedures for patent transfer changes?

Patent rights transfer often occurs in life. Patent rights transfer is an important means for patent inventors to realize their patents. So what are the legal provisions for the transfer of patent rights? What is the legal effect of the transfer of patent rights? The Legal Savior Network provides the following answers to this question.

What are the procedures for patent transfer changes

Chinese entities or individuals transfer patent application rights or patents to foreigners If it is authorized, it must be approved by the relevant competent departments of the State Council.

Where a patent application right or patent right is transferred, the party concerned A written contract must be concluded and registered with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

Detailed process:

1. The patentee looks for ways to transfer the patent

This is the most basic and initial step in patent transfer, and is often easier to implement. There are many ways to find patent assignments. The patentee searches for companies, patent intermediaries, and online platforms with favorable reviews for publicity and transfer, and guides investors to purchase patents.

At this stage, the patentee must have a thorough understanding of the value of his patent, adhere to the principle of being able to trade as much as possible, and avoid blindly overestimating or underestimating the value of the patent, resulting in unnecessary losses and lead to failure of cooperation.

2. The patent transferor and the patent transferee sign a patent transfer contract

This is the central and key link in patent transfer, which determines whether the patent can be transferred. On the basis of the patent transferor and transferee reaching an agreement on the transfer method, price, time limit, etc., and clearly clarifying the interests of both parties, subsequent transfer-related work can be effectively carried out.

In this link, because patent transfer is a There will be procedural issues with legal validity, so you should entrust relevant industry insiders, such as lawyers who specialize in intellectual property rights, to avoid signing contracts on your own for a quick solution.

3. Prepare relevant documents required for patent transfer

Both parties need to prepare 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. At the same time, it is also necessary to keep relevant records of the transfer process, and do not hand over specific information such as technical data and relevant drawings easily. This will be more conducive to the distribution of interests and the handling of subsequent issues.

4. Entrust a patent agency to submit relevant documents to the Patent Office

This is also an important part of the patent transfer process. Because patent transfer can only have a legal basis after being reviewed and approved by the Patent Office, patent transfer contracts that have not been registered and announced by the Patent Office are not protected by law.

5. Waiting for the patent transfer result

After the examination, the Patent Office will notify the results of the examination. If the review is passed, the Patent Office will generally issue a patent transfer qualification notice within two to six months, and the relevant change results can be queried in the patent database of the State Intellectual Property Office.

Chinese entities or individuals transfer patent applications to foreigners Rights or patents must be approved by the relevant competent departments of the State Council.

Where a patent application right or patent right is transferred, the party concerned A written contract must be concluded and registered with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

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