What are the requirements for the transferor when transferring patent rights?

What are the requirements for the transferor of Patent rights transfer? There is often a situation where the patent owner will transfer his patent rights to them. So is this transfer supported by relevant laws, and which ones are acceptable for transfer? Who cannot accept the transfer, and what kind of process is required during the transfer process. Today, the editor of Legal Savior Network will popularize this issue with everyone.

What are the requirements for the transferor of patent rights transfer

The transferor must have ownership of the patent before it can be transferred.

1. How to transfer patent rights

Patent transfer means that the patentee, as the transferor, transfers its A contract in which the ownership or ownership rights of an invention-creation patent are transferred to the transferee and the transferee 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 sign a written contract, patent transfer contract Generally, the following terms should be in place:

①Project name: The project name should state a certain invention, utility model or design patent rights transfer contract.

②The name and content of the invention and creation should use concise and clear professional terms to accurately and summarize the invention and creation. Name, the professional technical field to which it belongs, the status of the existing technology and the substantive features of the invention.

③Patent application date, patent number, application number and validity period of patent right.

④Patent implementation and implementation licensing situation, some patent rights transfer contracts are in It is entered into after the transferor or a third party has entered into a patent implementation license contract. In this case, it should specify whether the transferor continues to implement or have entered into the patent, how the rights and obligations of the implementation license contract are transferred, etc.

⑤ List of technical information materials, which should at least include the invention description, drawings and technical fields Other technical materials necessary for general professional and technical personnel to implement inventions and creations.

⑥Price and payment method.

⑦Method for calculating liquidated damages or loss compensation.

⑧Methods for resolving disputes. If the parties are willing to submit a dispute to an arbitration institution trusted by both parties for arbitration, the arbitration institution should be clearly stated in the contract. The mutually accepted technology contract should be clearly stated.Arbitration, this clause has the effect of excluding jurisdiction.

2. Things to note when transferring patent rights

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For inventors who have obtained patent rights, in the process of patent You need to pay attention to the following points when transferring:

1. Avoid blindly expanding 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 a legal process. It is recommended that you entrust relevant industry insiders (such as lawyers) to carry out relevant operations. Do not sign casually by yourself. Contract;

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 used before it is transformed into productivity. It is technology, so realizing industrialization is the highest standard that benefits society and mankind. To some extent, it is also necessary to make appropriate concessions and lower some standards. After all, cooperation requires sincerity from both parties;

4. Keep relevant records - make the transfer process as smooth as possible This is very important for subsequent issues and income distribution; before the transfer, do not easily conduct value assessment and other operations, especially do not easily conduct such operations based on the other party's requirements. If you really need to conduct an assessment, try to make the assessment as clear as possible. Cost bearing principles and burden proportions to avoid being deceivedBe deceived; do not easily hand over specific information such as technical data and relevant drawings before completing the transfer procedures.

It is worth noting that if at the time of transfer The third party accepting the transfer must understand whether it meets the qualifications for transfer as stipulated in the relevant laws of our country. If not, the transfer is not protected by law and will cause unnecessary trouble to itself. Welcome everyone to come to the Legal Savior Network to consult on legal issues.