What are the time limits for patent transfer
To transfer patent application rights or patent rights, the parties must enter into a written The contract shall become effective upon registration and announcement by the Patent Office. In other words, to transfer patent rights, both parties must sign a contract and register and announce it. The transfer of patent rights will not take effect until the contract takes effect. Therefore, the transfer time of the patent right is after the registration announcement.
Issues that need to be paid attention to when transferring patent rights
1. Patent implementation and implementation licensing situation and disposal methods. Before the transfer contract is signed, the transferor has already exploited the patent. The transfer contract may stipulate that after the transfer contract is signed and becomes effective, the transferor may continue to exploit or stop exploiting the patent. If there is no agreement in the contract, the transferor should stop implementing the patent. Before the transfer contract is signed, the rights and obligations of the license contract that the transferor has allowed others to implement will be transferred to the transferee from the date when the transfer contract becomes effective.
2. Transfer fee and payment method. The transfer fee for the patent rights involved shall be paid in one lump sum from the date when the contract comes into effect, orAfter the announcement by the Patent Office, the transferee will remit the entire transfer fee to the transferor's account, or remit it in cash to (or pay in person) the transferor. The transfer fee for the patent rights involved shall be paid in installments. From the date when the contract comes into effect, or after the Patent Office announces it, the transferee will remit part of the transfer fee to the transferor's account; after the transferor delivers all the information, The transferee remits (or pays in person) the remaining transfer fees to the transferor; the method of payment is bank transfer (or collection, cash payment, etc.), and the cash payment location is generally the place where the contract is signed.
3. Patent rights revoked and declared invalid According to the relevant provisions of the Patent Law, after the establishment of the transfer contract, when the transferor's patent rights are revoked or declared invalid, if there is no obvious violation of the principle of fairness and the transferor has no malicious intent to cause losses to the transferee, the transfer will be The party will not return the transfer fee to the transferee, and the transferee will not return all the information. If the signing of the transfer contract clearly violates the principle of fairness, or the transferor intentionally causes losses to the transferee, the transferor shall return the transfer fee. When another person files a request to the Patent Office to revoke the patent right, or requests the Patent Reexamination Board to declare the patent right invalid, or is dissatisfied with the decision of the reexamination committee (for invention patents) and files a lawsuit in the People's Court, the transferee shall be responsible after the transfer contract is established. Defend and bear the resulting request or litigation costs.
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