What are the procedures for changing the patentee?

The change of the patentee needs to go through the formalities for changing the description item in China National Intellectual Property Administration. Details are as follows:

1. Submit the request for recording project changes.

2. Submit supporting materials:

If a dispute is settled through consultation, a rights transfer agreement signed or sealed by all parties shall be submitted;

If the dispute is determined by a judgment of the people's court, it shall be submitted to a legally effective judgment of the people's court. After receiving the written judgment, the Patent Office shall notify other parties to inquire whether to file an appeal. If there is no reply or no appeal within the prescribed time limit (two months), the judgment will take legal effect;

If a party files an appeal, it shall issue a notice of acceptance of the appeal, and the original judgment of the people's court will never take legal effect.

If the dispute is decided through mediation by the local intellectual property office (or corresponding functional department), the Patent Office shall notify other parties after receiving the mediation decision and inquire whether to bring a lawsuit to the court. If no reply or prosecution is made within the prescribed time limit (two months), the mediation decision will take legal effect;

If a lawsuit is filed, the parties concerned shall issue a notice of court acceptance, and the original mediation decision shall have no legal effect.

3. 200 yuan, which pays the change description item within one month from the date of requesting the change description item.

Legal basis:

Article 10 of the patent law

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 of the State Council, which 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.