What is the patent transfer procedure?
Patent transfer means that the patentee transfers A contract in which a party transfers the ownership of its invention-creation patent or the holding rights to the transferee, and the transferee pays the 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.
Once the patent transfer right takes effect, the transferee acquires the status of the patentee and the transferor loses the status of the patentee. The patent transfer contract does not affect the transferor's status in the contract. The validity of a patent licensing contract entered into with others before. Unless otherwise agreed in the contract, the rights and obligations stipulated in the original patent license contract shall be borne by the patent transferee. In addition, if the transferor has exploited the patent before entering into a patent transfer contract, the transferor shall cease exploitation after the contract is established, unless otherwise agreed in the contract.
You need to pay attention to the following points when transferring patents:
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1. Avoid blindly expanding the value of patents - the minimum bid for the transfer of patent rights should be based on the principle of being able to complete the transaction, 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, and do not sign a contract casually on your own;
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 technology with certain Patented technologies with high content and market capacity can only be technologies before they are transformed into productivity. Therefore, realizing industrialization is the highest standard that benefits society and mankind. To some extent, it is appropriate to make concessions and lower some standards. Likewise, It is necessary, after all, cooperation requires sincerity from both parties;
4. Keep relevant records - keep records of the transfer process as much as possible, which is important for Follow-up questions and collectionThe distribution of profits is very important; before the transfer, do not easily conduct value appraisal and other operations, especially do not easily conduct such operations based on the requirements of the other party. If you really need to conduct an appraisal, try to clarify the principles and proportions of the appraisal fees to avoid being fooled. Be deceived; do not easily hand over specific information such as technical data and relevant drawings before the transfer procedures are completely completed; the above are the most basic issues that must be paid attention to during the patent transfer process.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.
