1. Materials required for transfer of Patent rights
"Patent Rights Transfer Contract" and "Declaration Form for Change of Bibliographic Items" 》.
1. Fill in the "Patent Rights Transfer Contract".
2. Fill in the "Declaration Form for Changes in Bibliographic Items".
Fill in the "Declaration Form for Changes in the Bibliographic Items" and provide documentation proving the change in the bibliographic items.
The materials proving the change of the bibliographic item refer to:
1. The applicant or the patentee’s personal rights In the event of a transfer of rights in an ownership dispute or a change in the inventor's qualifications, if the dispute is resolved through negotiation, a rights transfer agreement signed or stamped by all parties shall be submitted; if the dispute is determined by a People's Court judgment, the rights transfer agreement shall be submitted. For a legally effective People's Court judgment, after receiving the judgment, the Patent Office shall notify the other parties to inquire whether to file an appeal. If there is no reply within the specified time limit (two months) or it is clear that no appeal has been made, the judgment shall become legally effective; an appeal shall be filed. , the party concerned shall issue a notice of appeal acceptance, and the original People's Court judgment shall not be legally effective.
If the dispute is mediated and decided by the local intellectual property office (or corresponding functional department), after receiving the mediation decision, the Patent Office shall notify other parties and inquire whether to submit The court initiates a lawsuit; if there is no reply within the designated period (two months) or it is clear that no lawsuit has been filed, the mediation decision will become legally effective; if a lawsuit is filed, the party concerned shall issue a court acceptance notice, and the original mediation decision will not have legal effect.
2. The patent applicant or patentee has transferred his rights due to the transfer or gift of rights and requests to change the patent applicant or patentee.If the contract is to be transferred or donated, the original or a notarized copy of the transfer or donation contract must be submitted; if the contract is entered into by a legal person, the contract must be signed or stamped by the legal representative or an authorized person, and must be stamped with the official seal of the legal person or Special contract seal; notarized documents must be submitted if necessary. When a citizen concludes a contract, it must be signed or stamped by himself; notarized documents must be submitted when necessary. If there are multiple patent applicants or patent holders, proof of consent of all patent holders to the transfer or donation should be submitted.
Patent application rights or transfers of patent rights involving overseas residents or legal persons shall comply with the following provisions:
(1) If both the transferor and the transferee are overseas residents or legal persons, the original copy of the transfer contract signed by both parties or a notarized copy must be submitted to the Patent Office;
(2) If the transferor is a legal person or individual in mainland China, and the transferee is an overseas resident or legal person, the transfer approval document must be issued by the foreign economic and trade department of the State Council in conjunction with the science and technology administration department of the State Council, and the transfer The original copy of the transfer contract signed and sealed by both the party and the transferee or a notarized copy of the transfer contract;
(3) The transferor is an overseas resident or legal person , if the transferee is a legal person or individual in mainland China, the original copy of the notarized transfer contract signed by both parties must be issued to the Patent Office;
(4) The above-mentioned patents The procedures for changing the bibliographic items of the transfer of application rights or patent rights must be handled by the applicant or patentee of the transferor or the patent agency entrusted by them.
Overseas residents or legal persons in the above (1)-(3) refer to foreigners and foreign enterprises that do not have a habitual residence or business office in mainland China. Hong Kong, Residents or legal persons of Macao and Taiwan; those who have a habitual residence or business office in mainland China can apply for patent application rights and transfer of patent rights in accordance with the regulations of Chinese residents or legal persons.
3. If the applicant or patentee is a legal person, changes in the bibliographic items caused by its merger, reorganization, division, cancellation, bankruptcy or restructuring must issue a legal document Effective documents.
4. If inheritance occurs due to the death of the applicant or the patentee, the party shall be submitted to the notary office to issue a certificate if the party is the only legal heir or the party has included all legal heirs. certified documents. Unless otherwise expressly provided, co-heirs shall jointly inherit the right to apply for a patent or the patent right.
2. PatentsProcedures to be followed for transfer of rights
Patent right is also a kind of property right. According to Article 10 of the Patent Law, "both the right to apply for a patent and the right to patent may be transferred." Procedures required for the transfer of patent application rights or patent rights:
1. Chinese individuals or units (including units owned by the whole people and collectively owned units) transfer patent application rights to foreign countries or patent right, must be approved by the national patent administration agency;
2. The transferor of the patent application right or the patent right must jointly sign a written document with the transferee "Transfer contract" that is in compliance with the Patent Law and related laws;
3. You must apply for recognition and registration procedures at the patent management department;
4. The "Transfer Contract" and "Declaration of Change of Bibliographic Items" should be submitted to the national patent administration agency, and the fees should be paid at the same time. The transfer of the patent application right or patent right will not officially take effect until the national patent management agency announces it in the Patent Gazette.
3. Patent transfer fees
Official fees. The bibliographic item change fee (200 yuan) must be paid within one month from the date of request.
Agency fee. If the application is handled through an intermediary agency such as a patent office, please refer to the agency fees for charging standards.
4. The office for transferring patent rights can go to the State Intellectual Property Office to handle it directly, or you can go to the Shandong Provincial Agency of the State Intellectual Property Office to handle it.
5. Notes on Patent Transfer
Patent rights are granted by the state to the inventor or assignee in accordance with the law. Exclusive rights to inventions and creations within a certain period of time. The patentee has the right to transfer his patent rights. The person who has transferred the patent right through the patent transfer contract is also the legal patentee and enjoys all the rights of the patentee. In addition to the provisions of my country's Patent Law and a series of related laws and regulations, the transfer of patent rights mainly involves legal fields such as the Civil Code. The transfer process can be said to be the process of contract negotiation. The following aspects should be paid attention to when transferring patent rights.
1. Pay attention to the issue of the right holder. It mainly depends on whether the assignor is the legal holder of the patent, whether there are co-owners, and whether there is a positionRegarding the nature of the invention, attention should also be paid to whether there are any approval opinions for the patents of state-owned enterprises.
2. Pay attention to the issue of the transferee. In particular, the transfer of patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities of the State Council.
3. Note that the transfer of patent rights must be registered and announced by the Patent Office to take effect according to legal regulations.
4. The name, nature, content and ownership status of the patent must be clearly stated in the patent transfer contract, and special attention should be paid to the protection period of the patent right.
5. The implementation status of the patent before the transfer and the possible consequences must be clearly stated in the patent transfer contract. There should also be a clear agreement on whether the transferor can continue to implement the technology under the patent after the patent is transferred.
6. Pay attention to agreeing on the ownership of subsequent improved technical results.
7. Due to the particularity that patent rights may be declared invalid, please note that the legal consequences of invalidation and possible liability for breach of contract should be clearly stipulated in the contract. Patent transfer involves great commercial risks because it may be declared invalid. In the actual cases we operate, a series of disputes caused by invalidation are also relatively common. If the prior agreement is unclear, It is also more complicated to handle.
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