Whether the right to apply for a patent can be transferred

Applying for a patent is a right of the patent inventor. After applying for a patent, after review by the patent management department, if there is no reason for rejection, the patent right will generally be granted and announced. If other people have objections, they can apply for revocation of the patent right. , then can the right to apply for a patent be transferred? The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone.

1. Whether the right to apply for a patent can be transferred

The right to apply for a patent and the patent All rights can be transferred. If the right to apply for a patent is transferred, the procedures shall be handled in accordance with the provisions of relevant laws and administrative regulations.

"Patent Law of the People's Republic of China"

Article 10 Patent application rights and Patent rights Can be transferred.

Chinese entities or individuals that transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations shall handle the matter 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.

2. Judgment of the scope of protection of patent rights

1. The scope of protection of an invention or utility model patent shall be based on the content of the claims. The description or drawings may be used to explain the claims. How to determine the content of patent protection shall be based on the scope determined by the claims. The scope of protection of a design patent shall be subject to the design patent product shown in pictures or photos. Patent protection rights granted by a country or a region are only valid within the scope of that country or region. They have no legal effect in other countries and regions, and patent protection rights are not recognized.

2. The term of patent protection: 20 years from the date of application for invention patents and 10 years for utility model patents and designs. If the patent protection period expires, the annual fee is not paid, or the patent is voluntarily surrendered, the patent right is no longer protected. Independent claims include preamblespoints and features. The preamble shall state the name of the subject of the technical solution of the invention or utility model, and the necessary technical features shared by the closest prior art to the subject of the invention or utility model. The feature part shall state the technical features that are different from the closest prior art. The technical features in the characteristic part and the technical features in the preamble part together define the scope of protection claimed for the invention or utility model.

3. The scope of protection of design patent rights shall be subject to the design patent product shown in pictures or photos. Applying for a design does not require the submission of written documents such as claims and descriptions, but requires the submission of pictures or photos. The standard for judging whether there is infringement is: if the same or similar design is used on a product that is identical or similar to the patented product, it is considered to be infringing. Identical products refer to the same purpose and the same function; similar products refer to the same purpose. , the specific functions are different.

Through the above analysis, we know that according to the provisions of the Patent Law, patent application rights and patent rights can be transferred. If the applicant transfers the right to apply for a patent, he shall go through the procedures in accordance with the provisions of relevant laws and administrative regulations. The parties must sign a written transfer contract. If you need legal help, readers can go to the Legal Savior Network for consultation.