What is an overview of patent transfer?

The knowledge economy has attracted more and more attention from the country, and the country has become more and more strict in protecting intellectual property rights. Patent rights are an important part of the knowledge economy. Patent owners want patents to generate wealth effects, and transferring patent rights is one of the ways. So can all patent rights be transferred? The Legal Savior Network will give you the answer.

What is the overview of patent assignment

1. Concept

The transfer of patent rights means that the patentee transfers his patents to others for a fee through market transactions. transferred to the transferee. After the patent right transfer takes effect, the transferor will no longer enjoy the patent rights, and the transferee will become the new patentee and enjoy all the property rights of the patent rights enjoyed by the original patentee. Personal rights in a patent are not transferable.

The patentee transfers the patent right and licenses others to implement it The patent is different. The transfer of the patent right means that the ownership or holding rights of the patent have been transferred. The assignee of the patent right becomes the patentee and enjoys the ownership or holding rights of the patent, and the transferor is the original patentee. No longer enjoys the ownership or right to hold the patent; the license to implement the patent means that the ownership or right to hold the patent has not been transferred. The patent right is still retained by the patentee, and the licensee only obtains the right to implement the patent. .

Patent rights transfer is free in principle, but when transferring patent rights owned by national ownership units, especially when transferring patent rights to foreigners, both units and individuals must go throughApproved by the relevant competent authorities of the State Council.

2. Transfer

The form of the patent right requires the transfer of the patent right, and the transferor and the transferee must enter into a contract A written contract shall become effective upon registration and announcement by the Patent Office. Registration and announcement are mandatory provisions for a patent transfer contract, which means that registration and announcement are one of the necessary conditions for the patent transfer contract to take effect. Therefore, before registration and announcement, even if both parties have signed and stamped the transfer contract, the transfer of patent rights will not be effective.

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.