When will the patent transfer contract come into effect?

When will the patent transfer contract come into effect? We know that patents are transferable, and there will be some problems when patents are transferred. We don't know when the patent transfer contract will take effect, which will cause many problems. So when will the patent transfer contract come into effect? When will the patent transfer contract come into effect? First, the patent transfer agreement, the general contract will take effect, but the patent transfer needs to be registered to take effect. As a kind of property right, patent right is also transferable. However, patent right is an intangible property right after all, which is not completely equivalent to tangible property right, and the provisions and practices of tangible property transfer can not be fully applied to its transfer. Regarding the transfer of patent right, Article 10 of the original Patent Law has already made provisions. Paragraph 4 of this article stipulates that: to transfer the right to apply for a patent or the patent right, the parties concerned must conclude a written contract, which will take effect after it is registered and announced by the Patent Office. This first requires that the parties who transfer the patent right must conclude a written contract. If there is no contract or oral or other non-written contract, the transfer is invalid. Secondly, the article also requires that the assignment contract should be registered and announced by the Patent Office, otherwise the assignment is invalid. This provision is made because the patent right has been examined and approved by the state patent administration department, and its grant has been registered and announced. At the same time, the legal status of patent right not only involves the interests of the parties to the transfer contract, but also affects the interests of the public, and its changes should be informed to the public through publicity. In practice, some people think that as long as both parties sign the transfer contract, the transferee will naturally enjoy the patent right, and registration in the patent office is just a kind of filing, which is very wrong, which will lead to some unnecessary contradictions and conflicts, and will also bring unnecessary troubles and losses to the parties (especially the transferee). 2. In theory and practice, there are still some problems in this provision of patents, which need to be explained here: (1) There is no consensus on whether registration and announcement are the effective conditions for the patent right transfer contract or the effective conditions for the transfer behavior. One view is that registration and announcement are the effective conditions of the patent right transfer contract. Without registration and announcement, the transfer contract is invalid and not binding. Another point of view is that according to the principle of freedom of contract, the transfer contract is valid, but the transfer of patent right is not effective without registration and announcement, that is, the patent right has not been actually transferred, and the contract assignee cannot become the new patentee. However, the contract is still binding on both parties, and the breaching party shall bear the liability for breach of contract. Because the patent law is not clear about this, both views have some truth. However, no matter which viewpoint is adopted, a conclusion can be drawn; Without registration and announcement, the patent right will not be really transferred, and the assignee will not really enjoy the patent right. This point, the parties (especially the transferee) of the patent right transfer should pay special attention to. (2) Because registration and announcement are the conditions for the transfer to take effect, and announcement often lags behind registration in practice, the transfer of patent right cannot occur after the parties perform the registration procedures and before the announcement. In view of these two problems, the Patent Law, which was revised for the second time on August 25th, 2000, stipulates that if 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, and the patent administration department of 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. It can be seen that registration is the condition for the transfer of patent rights to take effect. After registration, the patent right will be transferred. The announcement is for the convenience of the public to know the status of the patent right and has no influence on the transfer of the right. Of course, the public can also consult the relevant register to keep abreast of the legal status of patent rights. When is the effective time of the patent transfer contract? We are here to answer this question for you. If you want to apply for patent transfer, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.