1. What materials should be provided for patent transfer?
1, describing the item change statement.
2. Assignment contract or notarial certificate of assignment contract.
3. Statement on the dissolution of the agency.
Second, the patent transfer procedures
Patent right is also a kind of property right. According to Article 10 of the Patent Law, "both the patent application right and the patent right can be transferred". Procedures for patent application right or patent right transfer:
(1) Where an individual or unit in China (including units owned by the whole people and collectively) transfers the patent application right or patent right to a foreign country, it must be approved by the State Patent Office;
(2) The transferor of the patent application right or patent right shall sign a written Transfer Contract with the transferee in accordance with the Patent Law and relevant laws;
(3) You must apply to the patent administration department for identification registration;
(4) The Assignment Contract and the Statement of Change of Recorded Items shall be submitted to the State Patent Administration, and the fees shall be paid at the same time. The transfer of the right to apply for a patent or the patent right shall take effect after the State Patent Office announces it in the patent bulletin.
Matters needing attention in signing patent transfer contract
1. Does the patent transferor really own the patent ownership?
Patent transfer shall comply with the relevant provisions of the patent law. The patent transferor must have the ownership of the patent. If the patent is owned by the enterprise, it must be approved by the higher authorities. The transfer of patents to foreigners (or foreign countries) must be approved by the State Council and a patent transfer contract must be signed. The contract must be registered and announced by the patent office before it can take effect. After the patent assignment contract comes into effect, the rights and obligations arising therefrom are transferred to the assignee.
Second, the transferee's purpose of transferring the patent
The transferee must obtain the patent for the popularization and application of the patented technology, not for monopolizing the technology.
Three, the contents of the patent transfer contract
The assignor of a patent shall ensure that the assignee obtains technical knowledge, and the assignor of a patent exploitation license contract shall, in accordance with the agreement, license the assignee to exploit the patent, deliver technical materials related to patent exploitation, and provide necessary technical guidance.
Four, the contract can only be valid within the validity period of the patent right.
A patent licensing contract can only be valid within the patent term. When the patent right expires or the patent is declared invalid, the patentee may not conclude a patent exploitation license contract with others.
Five, the patent shall not be charged after the transfer.
The transferee of a patent exploitation license contract shall not license a third person other than the one agreed with the transferor to exploit the patent and collect the agreed fee.
Six, after the establishment of the transfer contract, the transferor shall stop using the patent.
The patentee has implemented the invention-creation before the patent transfer, and shall stop the invention-creation after the transfer contract is established (if there is an agreement, it shall be in accordance with the agreement).
Seven, the effectiveness of the patent transfer contract
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.
Legal basis:
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 owned by the whole people transfers the right to apply for a patent or the patent right, it must be approved by the competent authority at a higher level.
Where a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
Where the right to apply for a patent or the patent right is transferred, the parties concerned must conclude a written contract, which will take effect after it is registered and announced by the Patent Office.