1. What relevant materials should be prepared for the transfer of patent rights?
1. Documentation matters Change notification form.
2. Transfer contract or notarization of the transfer contract.
3. Statement of dismissal of the agency.
2. Documents proving changes in bibliographic items refer to:
1 If the applicant or patentee has rights transferred due to disputes over ownership of rights and the inventor has changed due to disputes over qualifications, if the dispute is resolved through negotiation, a rights transfer agreement signed or stamped by all parties shall be submitted; if the dispute is caused by If the judgment of the People's Court is confirmed, the legally effective judgment of the People's Court shall be submitted. After receiving the judgment, the Patent Office shall notify other parties to inquire whether to file an appeal. If there is no reply within the designated time limit (two months) or it is clear that no appeal has been filed, , the judgment will become legally effective; if an appeal is filed, the party concerned shall issue a notice of acceptance of the appeal, and the original People's Court judgment will not have legal effect.
If the dispute is mediated and decided by the local intellectual property office (or corresponding functional department), after receiving the mediation decision, the Patent Office shall notify other parties and inquire whether to submit The court initiates a lawsuit; if there is no reply within the designated period (two months) or it is clear that no lawsuit has been filed, the mediation decision will become legally effective; if a lawsuit is filed, the party concerned shall issue a court acceptance notice, and the original mediation decision will not have legal effect.
2. If a patent applicant or patentee has a transfer of rights due to the transfer or donation of rights and requires a change of patent applicant or patentee, the transfer must be submitted Or the original or notarized copy of the donation contract; the contract is concluded by a legal person, and the legal representative or authorized person must sign or seal the contract, and the official seal of the legal person or the contract-specific seal must be affixed; necessary Notarized documents must be submitted. When citizens conclude a contract, theSign or stamp by yourself; notarized documents must be submitted if necessary. If there are multiple patent applicants or patent holders, proof of consent of all patent holders to the transfer or donation should be submitted.
Patent application rights or transfers of patent rights involving overseas residents or legal persons shall comply with the following provisions:
(1) If both the transferor and the transferee are 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;
(2) If the transferor is a legal person or individual in mainland China, and the transferee is an overseas resident or legal person, the transfer approval document must be issued by the foreign economic and trade department of the State Council in conjunction with the science and technology administration department of the State Council, and the transfer The original copy of the transfer contract signed and sealed by both the party and the transferee or a notarized copy of the transfer contract;
(3) The transferor is an overseas resident or legal person , if the transferee is a legal person or individual in mainland China, the original copy of the notarized transfer contract signed by both parties must be issued to the Patent Office;
(4) The above-mentioned patents The procedures for changing the bibliographic items of the transfer of application rights or patent rights must be handled by the applicant or patentee of the transferor or the patent agency entrusted by them.
Overseas residents or legal persons in the above (1)-(3) refer to foreigners and foreign enterprises that do not have a habitual residence or business office in mainland China. Hong Kong, Residents or legal persons in Australia and Taiwan; those who have a habitual residence or business office in mainland China can apply for patent application rights and transfer of patent rights in accordance with the regulations of Chinese residents or legal persons.
3. If the applicant or patentee is a legal person, changes in the bibliographic items caused by its merger, reorganization, division, cancellation, bankruptcy or restructuring must issue a legal document Effective documents.
4. If inheritance occurs due to the death of the applicant or the patentee, the party shall be submitted to the notary office to issue a certificate that the party is the only legal heir or the party has included all legal heirs. certified documents. Unless otherwise expressly provided, co-heirs shall jointly inherit the right to apply for a patent or the patent right.
The above is the information that the editor has compiled for you to prepare when transferring patent rights. I hope that by reading this article you will have a better understanding of the legal knowledge related to the transfer of patent rights. If you have other legal knowledge that you need to know, the Legal Savior Network also provides online legal knowledge consultation. Welcome everyone to come inProvide legal knowledge consultation.
