The specific process of patent transfer
1. The transferor and the transferee need to sign a patent transfer contract;
The patent transfer contract includes terms such as project name, invention name, patent application date and patent application number. In the case of a patent with multiple patentees, the transfer of the patent requires the signatures or seals of all patentees.
Second, you need to register in China National Intellectual Property Administration:
The materials to be prepared include the statement of description item change and the certification materials of description item change, which shall be submitted to China National Intellectual Property Administration together with the patent transfer contract.
Three, need to pay the description of the project change fee within one month:
After submitting the relevant materials, you need to pay the fee for describing the project change, which will be paid within one month from the date of the request, and the transfer can be completed in about one month from the date of the request.
Four, material review, confirm that the patent transfer takes effect:
After China National Intellectual Property Administration has passed the examination of the submitted materials, the issuance date of the notice of qualification for change procedures is the registration date, and the registration date is the effective date of the patent right transfer.
legal ground
Article 10 of the Patent Law of People's Republic of China (PRC)
The right to apply for a patent and the patent right can be transferred.
Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.
Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department in the State Council, and the patent administration department in the State Council shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.
Article 12 of the Patent Law of People's Republic of China (PRC)
Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.