What are the procedures for patent transfer
Patent transfer means that the patentee, as the transferor, transfers the ownership or holding rights of his invention patent to the transferee. A contract entered into whereby one party pays an agreed price. The party who obtains the patent right through a patent rights transfer contract becomes a new legal patentee and can also enter into a patent transfer contract or a patent implementation license contract with others.
Patent transfer must be signed in writing. A patent transfer contract should generally have the following requirements: Terms:
①Project name: The project name should be stated A contract for the transfer of patent rights for an invention, utility model or design.
②The name and content of the invention and creation should be accurately and summarily described in concise and clear professional terms. Express the name of the invention and creation, the professional technical field to which it belongs, the status of the existing technology and the substantive features of the invention and creation.
③Patent application date, patent number, application number and the validity period of the patent right.
④Patent implementation and implementation licensing. Some patent rights transfer contracts are between the transferor or the third party. If the three parties enter into a patent license contract, this situation should specify whether the transferor will continue to exploit or the patent that has been entered into, how the rights and obligations of the license contract are transferred, etc.
⑤ List of technical information materials, which should at least include inventions Instructions, drawings, and other technical materials necessary for ordinary technicians in the technical field to implement the invention and creation.
⑥Price and payment method.
⑦ Calculation method of liquidated damages or loss compensation .
⑧The method of resolving the dispute, the parties are willing to When a dispute occurs, if it is submitted to an arbitration institution trusted by both parties, the arbitration institution should be specified in the contract. Clarifying the mutually accepted technical contract arbitration, this clause has the effect of excluding jurisdiction.
When a patent right is shared by two or more patentees, if one party transfers only the patent right, the other party may have priority in transferring the patent right. common share.
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