What is the validity of the patent transfer contract
When transferring patent application rights or patent rights, the parties shall enter into a written The contract shall be registered with the Patent Administration Department of the State Council and announced by the Patent Administration Department of the State Council. The transfer of patent application rights or patent rights takes effect from the date of registration.
Article 10 of the "Patent Law of the People's Republic of China" states that the right to apply for a patent and the patent right may be transferred.
Chinese entities or individuals provide services to foreigners and foreign enterprises If any other foreign organization transfers the right to apply for a patent or the patent right, it shall go through the procedures in accordance with the provisions of relevant laws and administrative regulations.
Where a patent application right or patent right is transferred, the party concerned A written contract must be concluded and registered 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.
To sum up, we have made it clear that registration is the condition for the patent right transfer to be effective. After registration, the patent right is transferred. The announcement is to facilitate the public to understand the patent right. The work performed on the status of the patent has no effect on the transfer of rights. Of course, the public can also consult the relevant registration books to understand the legal status of the patent rights in a timely manner.
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