What is the process required for patent transfer
Step one: Find a way to transfer the patent. This is the most basic link in the patent transfer process, and it is also very easy to implement. There are actually many ways to call for patent transfer. For example, you can transfer on a patent website, you can entrust a patent intermediary, or you can even find relevant companies yourself.
Step 2: The patent assignor and the patent assignee sign a patent rights transfer contract. This is a critical step in the patent transfer process. Only after both the patent transferor and the transferee reach a consensus can subsequent transfer-related work be effectively carried out. In the transfer contract, the interests of both parties should be clearly stated.
The third step: Both parties prepare the relevant documents required for patent transfer. These documents should be filled in strictly in accordance with the prescribed forms, so that the State Intellectual Property Office can shorten the process. Reduce the time to review documents and speed up the review.
Step 4: Submit relevant documents to the Patent Office. This is an important part of the patent transfer process. Because only after approval by the Patent Office can the patent transfer have a legal basis. Therefore, in this process, the entrusted patent agency will play an important role in it. Choosing an appropriate patent agency is also a detail that cannot be ignored in this process.
Step 5: The final step of the patent transfer process is to wait for the patent transfer result. After the patent office examines the application, it will notify you of the examination results. If the review is passed, the Patent Office will generally issue a patent transfer qualification notice within 2 to 6 months. And the relevant change results can be queried in the patent database of the State Intellectual Property Office.
The Patent Law stipulates:
Patents are divided into three types: inventions, utility models, and designs. "Invention" refers to a new technical solution proposed for a product, method or improvement thereof; "Utility model" refers to a proposed solution for the shape, structure or combination of a product that is suitable for practical use.Use new technical solutions; "Appearance design" refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Notes on patent transfer:
1. Avoid blindly expanding the value of patents - for the transfer of patent rights The bottom bid should be based on the principle of being able to close the deal, otherwise the cooperation is likely to fail;
2. Avoid seeking speed - patent transfer is a legal process, it is recommended to entrust relevant industry insiders , carry out relevant operations;
3. Put cooperation first. The most important thing for patent development is to benefit and contribute to society and life. An item has certain technical content. Patented technology with market capacity can only be technology before it is transformed into productivity, so industrialization is the highest standard that benefits society and mankind;
4. Keep records during the transfer process as much as possible, which is very important for subsequent issues and income distribution; before the transfer, do not easily conduct value evaluation and other operations, especially do not easily conduct such operations according to the requirements of the other party. If you really need to conduct an evaluation, try to clarify the principles and proportion of the evaluation costs; do not easily hand over specific information such as technical data and relevant drawings before the transfer procedures are completely completed.
