1. What documents need to be submitted for patent transfer
1. Patentee To transfer a patent, you need to go through the transfer registration procedures with the patent management department. When registering, submit:
(1) Patent transfer contract;
(2) Patent certificate;
(3) Materials such as identity certificates of both parties.
2. The parties may have to bear the outcome of the judgment that is unfavorable to them, and after the judgment becomes effective, they must perform the effective judgment.
3. If the party fails to perform the effective judgment and the other party applies to the court for compulsory execution, it will be compulsory execution by the People's Court.
4. Legal basis: Article 10 of the "Patent Law of the People's Republic of China"
2. What is the process of patent transfer
1. The first step is to find ways to transfer the patent.
This is the most basic link in the patent transfer process, and it is also very easy to implement. There are actually many ways to call for patent transfer. For example, you can transfer on a patent website, you can entrust a patent intermediary, or you can even find relevant companies yourself.
2. In the second step, the patent assignor and the patent assignee sign a patent transfer contract.
This is a critical step in the patent transfer process. Only after both the patent assignor and the assignee reach a consensusOnly in this way can the subsequent transfer-related work be carried out effectively. In the transfer contract, the interests of both parties should be clearly stated.
3. In the third step, both parties prepare the relevant documents required for patent transfer. These documents should be filled in strictly in accordance with the prescribed forms, so as to shorten the national The time for the Intellectual Property Office to review documents will speed up the review process.
4. The fourth step is to entrust a patent agency to submit relevant documents to the Patent Office.
This is an important part of the patent transfer process. Because only after approval by the Patent Office can the patent transfer have a legal basis. Therefore, in this process, the entrusted patent agency will play an important role in it. Choosing an appropriate patent agency is also a detail that cannot be ignored in this process.
5. The fifth step is to wait for the patent transfer result.
After the patent office examines the application, it will notify you of the examination results. If the review is passed, the Patent Office will generally issue a patent transfer qualification notice within 2 to 6 months. And the relevant change results can be queried in the patent database of the State Intellectual Property Office.
According to the provisions of the Patent Law, if the patentee transfers the patent, he needs to go through the transfer registration procedures with the patent management department. When registering, submit: Patent transfer contract , patent certificate, identity certificates of both parties, etc. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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