What materials are required for patent transfer?
1. Declaration of change of description.
2. Transfer contract or notarization of the transfer contract.
3. Statement of dismissal of the agency.
Notes
The creditor may transfer all or part of the rights in the contract to a third party, but Except under one of the following circumstances:
(1) It shall not be transferred according to the nature of the contract;
( 2) It shall not be transferred in accordance with the agreement between the parties;
(3) It shall not be transferred in accordance with the legal provisions.
If the creditor transfers its rights, it shall notify the debtor. Without notification, the transfer will not be effective against the debtor.
The creditor's notice of transfer of rights shall not be revoked, except with the consent of the transferee.
When a creditor transfers his rights, the transferee obtains accessory rights related to the creditor's rights, except where the accessory rights belong exclusively to the creditor himself.
After the debtor receives the notice of transfer of creditor's rights, the debtor may assert its defense against the transferor against the transferee.
When the debtor receives a notice of transfer of claims, the debtor has claims against the transferor, and the debtor's claims mature before or at the same time as the transferred claims, the debtor shall Set-off may be claimed against the transferee.
In the process of patent transfer, the right holder should pay attention to the following when transferring the patent:
1. Avoid blindly expanding the value of patents: The minimum bid for the transfer of patent rights should be based on the principle that the transaction can be completed, 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 professionals 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 patented technology with certain technical content and market capacity , before it is transformed into event productivity, it can only be technology. Therefore, realizing industrialization is the highest standard that benefits society and mankind. To some extent, it is also necessary to make appropriate concessions and lower some standards. After all, cooperation It requires sincerity from both parties;
4. Keep relevant records: Keep records of the transfer process as much as possible, which will be helpful for subsequent issues and income distribution. Very important;
5. Before the transfer, do not easily conduct value evaluation and other operations, especially do not easily conduct such operations based on the other party's requirements. If it is really necessary, During the evaluation, try to clarify the principles and proportions of the evaluation costs to avoid being deceived; do not easily hand over specific information such as technical data and relevant drawings before the transfer procedures are completely completed.
We know that the purpose of patent development is not only to affirm ourselves, but more importantly, to benefit and contribute to society and life, so patents are very meaningful. Yes, if we want to transfer the patent, we should handle the relevant transfer matters. To learn more about legal knowledge, please go to the Legal Savior website for professional consultation.
