The difference between technology licensing and technology transfer

Patent transfer includes two meanings: first, the patent being applied for is transferred, and the transferee continues the application procedure and is authorized to become the patentee after examination and approval; The other is to authorize patents and directly transfer the patents owned. No matter what kind of right transfer, the transferor and the transferee need to reach an agreement before the subsequent transfer procedures can be carried out (the transfer caused by rights disputes is not involved here). After the preliminary work is completed, you can start the transfer procedure:

1. It is necessary to fill in the Statement of Change of Description Items (which can be downloaded from the website of the Patent Office), indicating the patent number (or application number), the patentee (or applicant), the name of the invention-creation, and the information of the assignor and assignee.

2. Submission of supporting documents: If the patentee requests changes due to the transfer or gift of rights, 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.

3. Mail the above two documents, or hand them over to the Patent Office or the local agency of the Patent Office.

4. Pay the recording project change fee 200 yuan within one month from the date of request. The transfer procedure is relatively simple, you can handle it yourself directly, or you can entrust an agency (fish claw). Generally, the Patent Office will issue a compliance notice within 2 to 6 months (informing the patentee or the applicant to change from the assignor to the assignee), and both parties can also check the change result through the website of the Patent Office, indicating that the transfer is successful. If both parties want to prove through documents, they can request the patent office to handle a copy of the patent register, which will record the legal status of the patent in detail.

Patent transfer in China usually takes the following three forms:

1, overall patent transfer, implementation of exclusive license, so-called patent ownership transfer, 10 years of independent property rights. 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. The exclusive license for patent exploitation means that the enterprise buys out the patent, and only the patentee and domestic enterprises can use the technology, and the patent cannot be transferred to a third party again.

3. The general license for patent exploitation means that the patentee authorizes an enterprise or individual to produce the patent, or may authorize multiple enterprises or individuals to produce the patent.

Patent technology transfer: that is, patents can be transferred to many companies, such as A, B, C, D, E, etc. Everyone can use it. As long as someone pays, there is no upper limit to the income in theory, and the risk is also relatively large. If the technology is backward, innovative and plagiarized, no one will buy it again, and no money will be received.

Patent buyout: the patentee sells the patent to another person, and when it is sold, it is gone. It doesn't matter to you Take a sum of money and leave at one time. There is no risk and a fixed income.