What are the risks and processes of unauthorized patent transfer?

Patent right is actually the "patent" that most people are familiar with. In fact, it is the exclusive right to exploit a specific invention and creation legally enjoyed by the inventor or his assignee within a certain period of time according to laws and regulations. It is just one of the property rights. Patent right not only has a certain time limit and regionality, but also has a certain exclusiveness, including both personal rights and property rights. Patent transfer actually refers to a legal act that the patentee and the patentee transfer their patent application right or patent right to others in accordance with relevant laws and regulations. It usually includes the sale and investment of shares. The transfer of the right to apply for a patent actually refers to the act that the patent that the person who has the right to apply for a patent submitted an application to the relevant state intellectual property office, but was not authorized by it, was transferred to others according to the corresponding legal provisions. After the right to apply for a patent is transferred, in fact, the transferor only transfers its right to apply for a patent to the transferee, and there is no guarantee that the transferee will become the legal patentee of the patent in the subsequent patent application. In this case, the unauthorized patent can transfer its application right, but not in other cases. In addition, according to the relevant laws and regulations, even if both parties transfer the right to apply for a patent, they must conclude a formal written contract, which needs to be registered and announced in the relevant patent office before it can take effect. If it is not signed in writing, or the contract is not registered and announced in the relevant departments, it will not be protected by law. According to the relevant laws and regulations, the transfer procedure of patent application right is generally as follows: first, a formal transfer contract must be signed. At the time of transfer, the transferor and the transferee must sign a written contract to stipulate the price required for the transfer, and then one party will pay. Some main clauses in the contract need to be clearly written, such as the name of the contract, the name and type of the transferred invention-creation, and the calculation method of liquidated damages. It needs to be stipulated in the contract to avoid disputes after signing the contract. Second, the two sides have negotiated all matters concerning the transfer, and after signing a written contract, they need to register with a special administrative department, and then the staff of the department will make an announcement. The transfer of this right shall take effect from the date of registration. Third, if there are two or two patent applicants, it is necessary to obtain the unanimous consent of all the right holders before transferring the right to apply again; Where a domestic entity or individual transfers its patent application right to a foreigner, it must be approved by the relevant administrative department before it can be transferred. For those who have registered the right to apply for a patent in the relevant departments, they can request the application department to issue a certificate of transfer of the right to apply for a patent, and this certificate is usually only issued to the relevant obligee of the patent application. When handling this card, the applicant not only needs to pay a certain fee, but also needs to provide the corresponding documents: 1. When handling the certificate, the applicant or his agent shall submit a request for handling signed by himself or his agent; 2. If the applicant handles business face to face, he/she shall provide his/her identity certificate; When a customer handles business, it is necessary to provide identification certificates such as the customer, the applicant and their relationship. 3. If the applicant applies by mail, he/she also needs to submit his/her identity certificate; If you entrust others to mail the certificate, you must also submit the relationship certificate and your identity certificate.