What is the patent transfer certificate?
What is the patent transfer certificate? For the transfer of the right to apply for a patent that has been registered in China National Intellectual Property Administration, you can request China National Intellectual Property Administration to issue a "Certificate of Transfer of the Right to Apply for a Patent". The Certificate of Transfer of Patent Application Right is only issued to the patent applicant. To apply for the certificate of patent application right transfer, you need to pay the corresponding fee (the fee standard is attached) and submit the corresponding documents according to the following conditions: 1. If the applicant or agent in this case handles the certificate of transfer of patent application right, it is necessary to submit a document copy request signed by the applicant or agent. 2. If the applicant handles it in person, he shall provide his identity certificate. If entrusting others, the identity certificate of the agent, the certificate of entrustment relationship and the identity certificate of the applicant shall be provided. 3. If the applicant sends it by mail, the applicant's identity certificate shall be submitted. If the applicant entrusts others to handle it by mail, it is necessary to submit the certificate of entrustment relationship, the identity certificate of the agent and the identity certificate of the applicant. On the one hand, the patent system of patent claim should protect the patent right of invention and encourage invention and creation, on the other hand, it should promote the development of science and technology, enable the public to make legal use of existing technological achievements and protect the public's interests. In the process of realizing these two functions of the patent system, the claim plays an extremely crucial role. Patent claim is an important legal document used to limit the scope of patent protection required by the patentee. At the same time, it is also based on the patent claims to judge whether the patent has novelty, creativity and practicality as stipulated in the patent law. Patent claims are also used to inform the public of the scope of patent protection, measure whether an act constitutes patent infringement, and determine the contents of patent transfer and patent implementation license. In addition, the examination of patent application and the determination of patent validity are mainly aimed at claims. A claim consists of one or more complete technical solutions that can achieve the purpose of an invention or utility model. This technical scheme can be the structure of the product or the steps of the method. Only the technical scheme clearly recorded in the claims is protected by the patent law. The patent claim shall be based on the specification and indicate the scope of patent protection. The so-called should be based on the specification means that the technical scheme defined in the claims should be recorded in the specification and can be supported by the specification. In addition, the technical scheme only recorded in the specification and not limited to the claims is not protected by the patent law. Therefore, if the patentee wants to protect a technical scheme, it must be recorded in the specification and also in the claim. Patent right is intellectual property, an intangible property and the result of human intellectual labor. Although the content of this intangible property is embodied in the claims and appears in the form of products or methods, the patent law protects the technical scheme defined in the claims, which is an inventive idea, not a specific product or method. This is the invisibility of patent right. Therefore, unlike ordinary legal documents, such as real estate contracts, claims can clearly define the amount of property and other contents. The scope of protection defined by the claims can only be determined after interpretation. The explanation is based on the contribution of the invention or utility model to the existing technology and the status of the existing technology. The extent to which the specification discloses the invention or utility model, the examination history of the patent application in the patent office, etc. In some cases, especially in patent litigation, the defendant put forward the existing technical documents that were not found in patent examination, which may become an important basis for explaining the scope of protection defined by the claim, making the explained scope of patent protection seem to be in a dynamic process. Therefore, the interpretation of the claims becomes a key step to determine the scope of patent protection. According to the provisions of China's patent law, the scope of protection of the patent right for invention or utility model is subject to the contents of the claims, and the description and drawings can be used to interpret the claims. To sum up, patents can be transferred, and the transfer must meet the conditions stipulated by law. Therefore, when transferring ownership, you need to have a transfer certificate, so as to better protect the legitimate rights and interests of both parties. Therefore, the transfer of a patent must be proved, and without proof, it is not protected by law.