What should you pay attention to when transferring patent rights?
In patent transfer When doing so, you must first determine the type of patent right.
Secondly, the validity of the patent must be determined.
Finally, to determine the legal status of the patent right, the transferee should make the following inquiries about the legal status of the patent right:
1. Check whether the patent is a valid patent, whether there is any problem of not paying fees on time, and confirm the remaining validity period of the patent right;
2. Check whether the patent is at risk of being invalidated, that is, the legality of the patent. This issue is relatively complex, and you may need to consult experts;
3. Check whether the patent has the risk of infringement and evaluate the effectiveness of the patent implementation process.
"Patent Law"
Article 10 The right to apply for a patent and the patent right may be transferred.
If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it shall be handled in accordance with the provisions of relevant laws and administrative regulations. formalities.
When transferring patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
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