What are the matters to pay attention to in a patent transfer contract
Things to note in patent transfer contracts:
1. The transfer of a patent should comply with the relevant provisions of the Patent Law. The patent transferor must have The ownership of the patent must be approved by the superior authority if the patent belongs to the enterprise. If the patent is transferred to a foreigner (or abroad), it must be approved by the State Council and a patent transfer contract must be signed. The contract must be registered and announced by the Patent Office. Once the patent transfer contract takes effect, the rights and obligations arising therefrom will be transferred to the assignee.
2. The transferee must be a patented technology Obtain patents for promotion and application, rather than for monopolizing technology.
3. The patent transferor must ensure that the transferee obtains technical knowledge. The transferor of the patent implementation license contract shall, in accordance with the agreement, permit the transferee to implement the patent, deliver technical materials related to the implementation of the patent, and provide necessary technology. guide.
4. A patent implementation license contract can only be valid during the duration of the patent right. When the validity period of the patent right expires or the patent is declared invalid, the patentee shall not enter into a patent implementation license with others. Contract.
5. Transferee of Patent Implementation License Contract A person may not license a third party other than those agreed with the assignor to exploit the patent and charge the agreed fees.
6. The patentee has implemented the invention before the patent is transferred. After the transfer contract is established, he should stop implementing the invention (if there is an agreement, as agreed).
7. Before the establishment of the patent transfer contract, the patentee enters into a contract with others The patent license contract or non-patent transfer contract shall remain valid after the establishment of the patent transfer contract, and the rights and obligations stipulated in it shall be transferred to the assignee of the patent transfer contract.
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