Patent right refers to the exclusive right granted by the patent office to the applicant at his request when the invention meets the conditions stipulated in the patent law.
Transfer refers to the transfer of the patent application right or patent right to other units or individuals. If the right invention itself is transferred, the transferor will no longer enjoy the right.
According to the provisions of the patent law, both the right to apply for a patent and the patent right can be transferred. Therefore, these rights are similar to general property rights, and the obligee can dispose of them at will within the scope prescribed by law, and transferring these rights to others is one of the ways of disposition.
To transfer the right to apply for a patent or the patent right, a written contract must be concluded. Moreover, the parties should submit a copy of the contract to the China Patent Office, which will take effect only after it is registered and announced by the Patent Office.
The right of authorship and the right of moral award enjoyed by the inventor or designer are not transferred at the same time. That is to say, after obtaining the patent application right or patent right, the assignee does not become an inventor or designer, nor does it enjoy the honor of an inventor or designer. Because these rights belong to personal rights and are inseparable from the person of the inventor or designer. Therefore, it cannot be transferred, nor can it be transferred by other means such as inheritance.
To transfer the right to apply for a patent or the patent right, a written contract must be concluded. Moreover, the parties should submit a copy of the contract to the China Patent Office, which will take effect only after it is registered and announced by the Patent Office.
legal ground
patent law of the people's republic of china
Article 10 The right to apply for a patent and the patent right may 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 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.