Does the patent transfer need to be filed? What are the procedures for patent transfer?
When handling patent transfer, people often ask whether patent transfer needs to be filed. What are the procedures for patent transfer? Patent transfer has actually transferred the patent right, and what should be handled is the registration of patent transfer, and only the patent implementation license needs to be filed. Does the patent transfer need to be filed? What are the procedures for patent transfer? Does the patent transfer need to be filed? What are the procedures for patent transfer? Patent transfer means that the patentee transfers the ownership of his invention to the assignee, and the party who obtains the patent right through the patent transfer contract becomes the new legal patentee, and can also conclude a patent transfer contract or a patent licensing contract with others. Patent exploitation means that the patentee or the patentee permits others to manufacture, use or sell patented products or use patented methods for the purpose of production and operation. According to the implementation rules of the newly revised Patent Law: (1) Patent transfer. Where the patent right is transferred according to law, the parties concerned shall go through the formalities for the transfer of the patent right with the patent administrative department of the State Council on the strength of relevant supporting documents or legal documents. (2) patent licensing. The patent licensing contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect. (3) Patent pledge financing. Where the patent right is pledged, the pledger and pledgee shall register the pledge with the patent administration department of the State Council. Where the patent right is transferred, the parties concerned shall conclude a written contract and register with the patent administration department of the State Council, that is, apply for a statement of change of the project specification, which shall be announced by the patent administration department of the State Council. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration. Where a patent license is implemented, a written patent license contract shall be concluded with the patentee, and the patent royalties shall be paid to the patentee. And! The parties to a patent licensing contract shall, within 3 months from the date of entry into force of the contract, go to China National Intellectual Property Administration or the local intellectual property office for the record. For the patent licensing contract that has passed the filing examination, China National Intellectual Property Administration or the local intellectual property office will give the filing notice, filing number and filing date, and send the notice to the parties. Is it necessary for Bian Xiao to apply for patent transfer? For detailed answers on the procedures required for patent transfer, please consult Bajie Intellectual Property for more patent transfer questions.