Patent transfer refers to a contract in which the patentee, as the transferor, transfers the ownership or holding right of his invention-creation patent to the transferee, and the transferee pays the agreed price. The party who obtains a patent through a patent transfer contract becomes a new legal patentee, and may also conclude a patent transfer contract or a patent licensing contract with others.
The transfer of patent application right refers to the act that the patent applicant transfers the patent that China National Intellectual Property Administration has obtained but has not been authorized according to law to others. It should be noted that after the transfer of the patent application right, the transferor only transfers the transferee's right to continue to apply for the patent, and it cannot fundamentally guarantee that the transferee will become the patentee created by Fang Faming in the future.
There are both similarities and essential differences between them:
1. The object of the patent right transfer contract is the patent right, and the object of the patent application right transfer contract is the patent application right;
2. The transfer of patent right occurs after the patent authorization, and the transferor is the patentee, while the transfer of patent application right occurs before the patent authorization, and the transferor is the patent applicant.
How many forms of patent transfer are there?
In China, patent transfer generally has three forms:
1. Whole patent transfer, exclusive license, so-called patent ownership transfer, 10 year independent property right. If the patentee (inventor) transfers the whole patent to an enterprise, the inventor (patentee) only has the right of invention after the two parties sign the transfer contract.
2. Exclusive patent license, and the patent is bought out by the enterprise. Only the patentee and the enterprise can use the technology, and the patent cannot be transferred to a third party.
3. Patents are generally licensed. The patentee authorizes the patent to be produced by an enterprise or individual, or may authorize multiple enterprises or individuals to produce it.
What is the difference between patent application transfer and patent right transfer?