What materials are needed for the transfer of utility model patents
(1) Any transfer of patent application rights or patent rights by Chinese individuals or units (including units owned by the whole people and collectively owned units) to foreign countries must be approved by the national patent management agency;
(2) The transferor of the patent application right or the patent right must jointly sign a written "transfer contract" with the transferee that complies with the patent law and relevant laws;
(3) Must go to the patent management department to apply for recognition and registration procedures;
(4) Should apply to the national patent The management agency submits the "Transfer Contract" and "Declaration Form for Change of Bibliographic Items" and pays the fees 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.
Pay attention to the following points when transferring patents:
1. Correctly evaluate the value of your patent, too High prices can scare away investors.
2. The technology is mature, there are samples, and there are relevant videos for investors to see.
3. Have a detailed plan and write a relevant plan.
4. The patent has been authorized. Unauthorized patents are generally not transferable.
Patents can be transferred. The transferor and the transferee should sign a written contract on the transfer of the patent. When signing a patent transfer contract, the following matters should be noted:
1. The transfer of a patent should comply with the relevant provisions of the Patent Law. The patent transferor must have ownership of the patent. If the patent belongs to the enterprise, it must be approved by the superior authority. To transfer a patent (or to a foreign country), a foreigner must obtain approval from the State Council and sign a patent transfer contract. The contract must be registered and announced by the Patent Office before it takes effect. Once the patent transfer contract takes effect,The rights and obligations arising therefrom are transferred to the assignee.2. The transferee must obtain the patent for the promotion and application of the patented technology, rather than for the purpose of monopolizing the technology.
3. The patent transferor must ensure that the transferee obtains technical knowledge. Article 345 of the Contract Law stipulates that “the transfer of a patent license contract shall The grantee shall, in accordance with the agreement, license the assignee to exploit the patent, deliver technical materials related to the exploitation of the patent, and provide necessary technical guidance."
4. Patent exploitation license contract, It can only be valid during the duration of the patent right. When the validity period of the patent right expires or the patent is declared invalid, the patentee shall not enter into a patent licensing contract with others.
5. The assignee of a patent license contract shall not permit a third party other than those agreed with the assignor to exploit the patent and charge the agreed fees.
6. The patentee has implemented the invention before the patent is transferred. After the transfer contract is established, he should stop implementing the invention (if there is an agreement, according to the agreement) .
7. Before the patent transfer contract is established, the patent implementation license contract or non-patent transfer contract concluded between the patentee and others will remain valid after the patent transfer contract is established. , its agreed rights and obligations are transferred to the assignee of the patent transfer contract.
