What are the procedures and precautions for patent transfer
Patent transfer means that the patentee is the transferor. A contract in which the ownership or holding rights of an invention-creation patent are transferred to a transferee, and the transferee pays an agreed price. The party who obtains the patent right through the patent rights transfer contract becomes the new legal patentee. Things to note when transferring patent rights:
1. Submit Patent transfer contract signed by the legal representatives of both parties, identity certificates of the patentee and assignee, copy of the patent certificate and legal status certificate, letter of termination from the original agency and new agency letter of authorization from the assignee , Original documents proving industrial and commercial changes.
2. Changes in bibliographic matters collected by the State Intellectual Property Office fee.
3. Internal examination of the Patent Office of the State Intellectual Property Office Complete and register the announcement.
4. The transfer of patent rights will take effect from the date of the announcement of the State Intellectual Property Office.
According to the relevant laws and regulations of our country, the patentee must sign a written contract when transferring patent rights. When transferring in practice, you should pay attention to:
1. Avoid blindly expanding the value of patents: the lowest bid for the transfer of patent rights , the principle should be to be able to conclude a 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 professionals 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 also more important What is beneficial and contributes to society and life is that a patented technology with certain technical content and market capacity can only be technology before it is transformed into productivity. Therefore, industrialization will benefit society and mankind. The highest standards, appropriate concessions and lowering of some bids to some extent are also necessary. After all, cooperation requires sincerity from both parties;
4. Keep relevant records: Keep records of the transfer process as much as possible. This is very important for subsequent issues and income distribution. ;
5. Before transferring, do not Conduct value evaluation and other operations, especially do not conduct such operations easily based on the other party's request.Operation, if you really need to conduct an evaluation, try to clarify the principles and proportions of the evaluation costs to avoid being deceived; do not easily hand over specific information such as technical data and relevant drawings before the transfer procedures are completely completed.
The above is the relevant content summarized by the editor. If If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The lawyer’s professional knowledge can help you.
