What is the transfer of patent application right? What is the difference between the transfer of patent right and the transfer of patent application right?

The transfer of patent application right refers to the act that the patent applicant transfers the patent that China National Intellectual Property Administration has obtained but has not been authorized according to law to others. Then, what is the difference between the transfer of patent application right and the transfer of patent right? Intellectual property has arranged relevant contents for you for your reference.

1. What is the transfer of patent application right?

The transfer of patent application right refers to the act that the patent applicant transfers the patent that China National Intellectual Property Administration has obtained but has not been authorized according to law to others. It should be noted that after the transfer of the patent application right, the transferor only transfers the transferee's right to continue to apply for the patent, and it cannot fundamentally guarantee that the transferee will become the patentee created by Fang Faming in the future.

After the transfer of the right to apply for a patent for invention-creation, the transferor can no longer file a patent application for the same invention-creation, and has no right to transfer the right to apply for a patent for invention-creation to a third party; Before the patent application of the transferee is rejected, the transferor shall not use the invention for profit-making production activities, but there is no restriction on its bona fide use for non-profit purposes, such as using the invention to create scientific research and experimental services.

2. What is the difference between patent right transfer and patent application right transfer?

There are similarities and essential differences between the transfer of patent right and the transfer of patent application right:

(1) The object of the patent right transfer contract is the patent right, and the object of the patent application right transfer contract is the patent application right;

(2) The transfer of patent right occurs after the patent is authorized, and the transferor is the patentee, while the transfer of patent application right occurs before the patent is authorized, and the transferor is the patent applicant.

What is the transfer of patent application right introduced by intellectual property in the above article? What is the difference between the transfer of patent right and the transfer of patent application right? Although there is a certain connection between the transfer of patent application right and the transfer of patent right, there are still great differences. I hope the above content is helpful to you.

Matters needing attention in patent application procedure