What are the patent transfer processes? What matters should be paid attention to in patent transfer?
Patent transfer refers to the form of technology transfer in which the patentee, as the transferor, transfers the ownership or holding right of his invention-creation patent to the transferee. The party who obtains the patent right through the patent right transfer contract becomes the new legal patentee. What are the patent transfer processes? What matters should be paid attention to in patent transfer? When transferring a patent, it usually refers to the transfer of the patent right. At this time, the patent right was granted by the State Patent Office after the application. In this case, the patent transfer needs to be filed with the patent office, and it also involves the submission of materials. Then the patent transfer process mainly includes the following steps. The first step: appropriate patent transfer channels, self-transfer or entrust patent agencies to act as agents. See patent transfer channels for specific measures. Step 2: Negotiate the interests, rights and obligations related to the patent, draw up a patent right transfer contract, and sign and seal it after confirmation. Step 3: Prepare all the documents required for patent transfer and fill them out in strict accordance with relevant regulations. Step 4: Submit the patent transfer application documents, which have legal basis after examination and approval by the Patent Office. Step 5: Wait for the result of patent transfer. If the patent transfer is approved, the Patent Office will issue a Notice of Qualified Patent Transfer within 2-6 months, and the results of patent change can be found in China National Intellectual Property Administration Patent Library. The following points should be paid attention to when specifying the patent transfer contract: ① Project name: The project name should specify the patent transfer contract for invention, utility model or design. (2) The name and content of an invention-creation shall accurately and generally indicate the name of the invention-creation, the technical field to which it belongs, the current technical situation and the substantive features of the invention-creation in concise and clear professional terms. (3) the date of patent application, patent number, application number and the validity period of the patent right. (4) Patent exploitation and license for exploitation. Some patent transfer contracts are signed after the transferor or the third party signs the patent licensing contract. In this case, it should be explained whether the transferor continues to implement or conclude the patent, and how to transfer the rights and obligations of implementing the license contract. (5) The list of technical data shall at least include the description and drawings of the invention and other technical data necessary for ordinary professional technicians in their technical fields to implement the invention and creation. ⑥ Price and payment method. ⑦ Calculation method of liquidated damages or damages. (8) For the settlement of disputes, if both parties are willing to submit the disputes to an arbitration institution trusted by both parties for arbitration, the arbitration institution shall be designated in the contract. Obviously, the arbitration of accepted technical contracts has the effect of excluding jurisdiction. If you need to know more details about patent transfer, you can ask Bajie Intellectual Property. Patent application and patent transfer agency services have been recognized by the industry, and the platform has gathered a large number of high-quality patents from famous enterprises and universities. For patent transfer transactions, please consult Bajie Intellectual Property Customer Service as soon as possible.