1. Will the inventor change after the patent is transferred?
1. Patent Assignment is a legal act in which the patentee transfers the patent application rights and patent rights to others. If the patent transfer is just a simple transfer of ownership, the inventor will not change. If the transferee requests to change the inventor, the change can be made through consensus reached by both parties.
2. Legal basis: Article 10 of the "Patent Law of the People's Republic of China" stipulates: The right to apply for a patent and the patent right can be transferred. The transfer of patent application rights or patent rights by a unit owned by the whole people must be approved by the superior competent authority; the transfer of patent application rights or patent rights by a Chinese person (or unit) to a foreigner must be approved by the relevant competent department of the State Council. Parties who transfer patent applications or patent rights must enter into a written contract, which will take effect after being registered and announced by the Patent Office. Patent transfer includes various forms such as sale and stock investment.
2. What are the consequences of patent transfer
1. Once the patent transfer right takes effect, the transferee acquires the status of the patentee and the transferor loses the status of the patentee. The patent transfer contract does not affect the transferor’s rights in the contract. The validity of a patent licensing contract entered into with others before establishment. Unless otherwise agreed in the contract, the rights and obligations stipulated in the original patent license contract shall be borne by the patent transferee. In addition, if the transferor has already implemented the patent before entering into a patent transfer contract, unless otherwise agreed in the contract, the transferor shall stop implementation after the contract is established;
2. If the creditor transfers its rights, it shall notify the debtor. Without notification, the transfer will not be effective against the debtor. The creditor's notice of transfer of rights cannot be revoked except with the consent of the transferee. When a creditor transfers his rights, the transferee obtains the accessory rights related to the creditor's rights, except where the accessory rights belong exclusively to the creditor himself. After the debtor receives the notice of transfer of creditor's rights, the debtA person's defenses against the transferor may be asserted against the transferee. When the debtor receives a notice of transfer of creditor's rights, the debtor has creditor's rights against the transferor, and if the debtor's creditor's rights mature before or at the same time as the transferred creditor's rights, the debtor may claim offset against the transferee.
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