What is the legal effect of the transfer of patent rights
The legal effect of the transfer of patent rights: According to the "China Paragraph 3 of Article 10 of the Patent Law of the People's Republic of China stipulates that when transferring patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
Transfer of patent application rights refers to the transfer of patent applications The rights are transferred to other units or individuals with or without compensation, the rights themselves are transferred, and the transferor no longer enjoys the rights.
According to the provisions of my country's patent law, the right to apply for a patent can be transferred. Because this right is a property right, the obligee can freely dispose of it as he wishes within the scope of the law, and transferring this right to others is one of the ways of disposing the right.
However, when transferring the right to apply for a patent, the inventor Or the designer's right to authorship and rights to receive spiritual rewards are not transferred at the same time. In other words, after obtaining the right to apply for a patent, the assignee does not become the inventor or designer, nor does it enjoy the rights of inventor or designer.Count people's honor. Because these rights are personal rights and are indivisible from the person of the inventor or designer, they cannot be transferred or transferred through inheritance or other means.
A written contract must be concluded to transfer the right to apply for a patent. In addition, the parties should submit a copy of the contract to the China Patent Office, and it will not take effect until it is registered and announced by the Patent Office.
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