What procedures and materials are required for patent transfer
1. Declaration of change of description.
2. Transfer contract or notarial certificate of transfer contract.
3. Statement of dismissal agency.
Transfer procedure:
A patent is also a property right. According to Article 10 of the Patent Law, "Both the right to apply for a patent and the patent right may be transferred." Procedure for the transfer of patent application right or patent right:
(1) Chinese individuals or units (including units owned by the whole people and collective ownership) to transfer the right to apply for a patent or patent right to a foreign country, must be approved by the State patent administration;
(2) The assignor of the patent application right or patent right shall jointly sign a written "assignment contract" with the assignee in accordance with the Patent law and relevant laws;
(3) must apply to the patent administration department for approval and registration procedures;
(4) The "transfer contract" and "Declaration of change of description item" shall be submitted to the national patent administration, and the fee shall be paid at the same time. The assignment of the right to apply for a patent or the patent right shall take effect only after the State patent administration authority has announced it in the patent Gazette.
Description item change certification material means:
(1) Where the applicant or the patentee transfers the rights due to a dispute over ownership of the rights and the inventor changes the rights due to a dispute over qualification, if the dispute is settled through negotiation, it shall submit a rights transfer agreement signed or sealed by all parties; If the dispute is determined by a judgment of the people's court, a legally effective judgment of the people's court shall be submitted. After receiving the judgment, the Patent Office shall notify the other parties to inquire whether to file an appeal. If no reply is made within the specified time limit (two months) or there is a clear no appeal, the judgment shall become legally effective; Where an appeal is filed, the parties shall issue a notice of acceptance of the appeal, and the original judgment of the people's court shall not have legal effect.
If the dispute is decided by the mediation of the local intellectual property office (or the corresponding functional department), after receiving the mediation decision, the Patent Office shall notify the other parties and inquire whether to file a lawsuit with the court; If there is no reply within the specified time limit (two months) or there is no clear prosecution, the decision on mediation shall take legal effect; Where a lawsuit is brought, the parties shall issue a notice of acceptance by the court, and the original decision shall not have legal effect.
(2) Where the patent applicant or patentee requires a change of the patent applicant or patentee due to the transfer of rights or gift, the original or notarized copy of the transfer or gift contract must be submitted; If the contract is concluded by a legal person, the contract must be signed or sealed by the legal representative or authorized person and affixed with the official seal of the legal person or the special seal for the contract; Notarized documents must be submitted if necessary. Where a citizen enters into a contract, his signature or seal shall be affixed; Notarized documents must be submitted if necessary. Where there are more than one patent applicant or patentee, all the right holders agree to the transfer or gift of evidence shall be submitted.
The transfer of patent application rights or patent rights involving overseas residents or legal persons shall comply with the following provisions:
(1) If the transferor and the transferee are both 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;
(4) The procedures for changing the description of the above patent application right or the assignment of the patent right must be handled by the applicant of the transferor or the patentee or the patent agency entrusted by the transferor.
3, the applicant or the patentee is a legal person, due to its merger, reorganization, division, cancellation, bankruptcy or restructuring caused by changes in the description of the item must be issued with legal effect documents.
(4) Where the applicant or the patentee inherits due to death, it shall submit a notarial document issued by the notarial office certifying that the party is the only legal heir or that the party has included all legal heirs. Unless otherwise expressly provided, joint successors shall jointly inherit the right to apply for a patent or the patent right.
