Patent transfer refers to a contract concluded by the patentee as the transferor, who transfers the ownership of his invention-creation patent to the transferee, and the transferee pays the agreed price.
The patent can be transferred, and the transferor and transferee should sign a written contract on the patent transfer and sign a patent transfer contract, which should pay attention to the following matters:
1. The patent transfer should comply with the relevant provisions of the Patent Law, and the patent transferor must have the ownership of the patent. If the patent belongs to the enterprise, it must be approved by the higher authorities. If the patent is transferred to a foreigner (or abroad), it must be approved by the State Council and signed a patent transfer.
second, the transferee must obtain the patent for the promotion and application of the patented technology, not for the monopoly technology.
3. The patentee shall ensure that the assignee obtains technical knowledge. Article 345 of the Contract Law stipulates that "the assignment of a patent licensing contract shall permit the assignee to exploit the patent, deliver technical materials related to patent exploitation and provide necessary technical guidance."
4. A patent exploitation license contract can only be valid within the duration of the patent right. When the patent right expires or the patent is declared invalid, the patentee may not conclude a patent exploitation license contract with others.
5. The transferee of a patent exploitation license contract shall not license a third party other than the one agreed with the transferor to exploit the patent and collect the agreed fees.
VI. The patentee has implemented the invention-creation before the patent transfer, and shall stop the implementation of the invention-creation (if agreed, according to the agreement) after the transfer contract is established.
7. Before the establishment of the patent transfer contract, the patent licensing contract or non-patent transfer contract concluded between the patentee and others is still valid after the establishment of the patent transfer contract, and its agreed rights and obligations are transferred to the assignee of the patent transfer contract.