What are the obligations of the transferor in the transfer of patent application rights
The transferor’s main obligations are:
(1) Transfer the patent application rights agreed in the contract to the recipient and provide technical information and materials needed to apply for patents and implement inventions and creations.
(2) Guarantee the invention that is the subject of the application Creation means that the transferor obtains it legally through creative labor or in cooperation with others, or obtains it through a commissioned development contract, which means that the transferor guarantees that he is the legal owner of the technology provided.
(3) Undertake confidentiality obligations as stipulated in the contract .
Patent application right transfer procedure
1. Sign a transfer contract. A patent application right transfer contract means that the transferor transfers the right to apply for a patent for his invention to the transferee, and the transferee pays the agreed price. The contract concluded. The main terms of the patent application right transfer contract include: contract name, invention title, invention type, inventor or designer, technical information and data list, liability for rejection of patent application, price and method of payment , calculation method of liquidated damages, dispute resolution, etc.
2. Announced by the Patent Office, the contract will take effect from the date of registration.
3. In addition, it should be noted that if there are two or more patent applicants, the transfer of patent application rights must be approved by all rights holders; when a Chinese unit or individual transfers to a foreign country If a person transfers the patent application right or patent right, it must be approved by the foreign economic and trade department of the State Council in conjunction with the science and technology administration department of the State Council.
For the transfer of patent application rights that has been registered with the State Intellectual Property Office, you can request the State Intellectual Property Office to issue a "Certificate of Transfer of Patent Application Rights." Certificate of Transfer of Patent Application Rights It is only issued to the right holder of the patent application. To apply for the transfer certificate of patent application rights, you need to pay the corresponding fee and submit the corresponding documents according to the following conditions:
1. If the applicant or agent applies for a certificate of transfer of patent application rights, he or she must submit a "Request for Copies of Documents" signed by the applicant or agency.
2. Applicants who apply in person must provide Proof of personal identity. If you entrust others to handle the process, you need to provide proof of identity.Proof of identity of the person in charge, proof of entrustment relationship and proof of identity of the applicant.
3. If the applicant applies by mail, Proof of applicant's identity is required. If the applicant entrusts another person to handle the application by mail, he or she needs to submit proof of the entrustment relationship, identity certificate of the person handling the application and identity certificate of the applicant.
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