How to file a patent transfer contract?
I. How to file the patent transfer contract 1. The filing of patent licensing contracts refers to the act of the patent administration department or its entrusted department to keep and publicize the patent licensing contracts that have been concluded and come into effect by the parties. 2. According to the detailed rules for the implementation of the Patent Law and the Measures for the Administration of Filing Patent License Contracts issued by Director China National Intellectual Property Administration at the18th session, after the signing of the patent license contract, both parties (licensor and licensee) shall go through the filing formalities at the designated department in China National Intellectual Property Administration within 3 months from the effective date of the contract. Licensor and Licensee shall entrust a natural person with full capacity for civil conduct to handle the filing formalities. Two. The filing organ of the patent transfer contract If the parties to the patent licensing contract involve foreigners, foreign enterprises or organizations, the parties shall go to China National Intellectual Property Administration for filing. If both parties to a patent licensing contract are domestic individuals, enterprises or organizations, the parties concerned may go to the agency set up by the China National Intellectual Property Administration Patent Office throughout the country to handle it. Three. The process of transferring individual patents to companies requires patent transfer, and both individuals and companies need to sign a patent transfer contract, and then submit it to China National Intellectual Property Administration for the change of filing items. The following materials shall be submitted when going through the formalities for changing the registered items: 1. Record the project change statement. 2. Pay the recording project change fee 200 yuan within one month from the date of request. 3. Proof materials (patent right transfer contract): If the patentee requests to change due to the right transfer or gift, it shall submit the transfer or gift contract. The contract is concluded by the unit, which shall be stamped with the official seal of the unit or the special seal for the contract. When concluding a contract, a citizen shall sign or seal it. If there is more than one patentee, all the certification materials that the patentee agrees to transfer or donate shall be submitted. Four. Mode of individual patent transfer 1. Participate in various technical exhibitions, exhibitions, fairs, fairs and other technical trading activities of patented new products, and publish and promote technologies in various technical trading activities. All kinds of technology trading activities are good ways to promote their patented products. However, you should also choose to participate in these activities, and try to choose exhibitions involving projects, technologies and funds. 2. Where the patentee transfers the patent by himself, he shall publicize the patent through the media and negotiate with investors by himself to promote the transformation of scientific and technological achievements. If you want to find companies willing to invest in patent projects and take risks, media publicity is one of the essential channels. To achieve good publicity effect, it is particularly important to choose the right media. Print media depends on its readership and circulation, and it is best to choose economic information media distributed nationwide. General enterprises will always pay attention to this kind of media, and the publishing area should not be too small, preferably on a banner, which is easy to attract others' attention. Secondly, we should choose websites with high popularity and high click-through rate to make online media with low production cost, high speed, flexible change, wide spread and no time and space restrictions. In addition, interviewing investors through friends' introduction is also the most effective method of patent self-transfer, with a high success rate. 3. Entrust an intermediary agency through an intermediary company. First, choose a formal and qualified intermediary company. You can check it on the website of the patent office. There is a special patent agency information page, which also contains the penalties for violations by regular patent agencies. In patent transfer, if an agency is entrusted, the agency shall handle the transfer registration formalities, and the applicant (assignor) only needs to provide the transfer contract. It is worth noting that when negotiating with the transferee, you must bring a lawyer who understands intellectual property rights and other related laws, and provide legal services for patent transfer throughout the process to protect the legitimate rights and interests in the transfer process.