Can all patent rights be transferred?
The knowledge economy has been paid more and more attention by the state, and the protection of intellectual property rights by the state has become more and more strict. Patent right is an important part of knowledge economy. The patentee hopes that the patent will produce wealth effect, and transferring the patent right is one of the ways. So all patents can be transferred? Can all patent rights be transferred? 1. Can all the patent rights be transferred? Article 10 of China's patent law clearly stipulates that the right to apply for a patent and the patent right can be transferred. Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations. Where 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, which 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. Second, the way of patent transfer: China's patent transfer usually takes the following three forms: 1, the whole patent transfer, the implementation of exclusive license, the so-called patent ownership transfer, 10 years of independent property rights. If the patentee (inventor) transfers the whole patent to an enterprise, the inventor (patentee) only has the right of invention after the two parties sign the transfer contract. 2. The exclusive license for patent exploitation means that the enterprise buys out the patent, and only the patentee and domestic enterprises can use the technology, and the patent cannot be transferred to a third party again. 3. The general license for patent exploitation means that the patentee authorizes an enterprise or individual to produce the patent, or may authorize multiple enterprises or individuals to produce the patent. Three. Transfer process: 1. If you need to transfer the patent right, you should go through the formalities for changing the description item in China National Intellectual Property Administration and submit a statement for changing the description item. ("1000 16 Description Project Change Declaration" is downloaded in the service area and form download column on the homepage of China National Intellectual Property Administration website) 2. Pay the description project change fee 200 yuan within one month from the date of request. 3. supporting documents: if the patentee requests changes due to the transfer or gift of rights, it shall submit the transfer or gift contract. The contract is concluded by the unit, which shall be stamped with the official seal of the unit or the special seal for the contract. When concluding a contract, a citizen shall sign or seal it. If there is more than one patentee, all the certification materials that the patentee agrees to transfer or donate shall be submitted. The template of patent transfer contract can be found directly in Baidu patent transfer contract, in Baidu library. 4. The statement of project change and supporting documents (patent transfer contract) are sent to China National Intellectual Property Administration Acceptance Bureau by registered mail or EMS; The recording project change fee will be remitted to China National Intellectual Property Administration toll station through the post office. Pay attention to the postscript column of the post office money order: the patent number, and the 200 yuan for recording the project change fee. 5. The address of the acceptance office and China National Intellectual Property Administration Toll Office is: No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing (100088). 4. Information required for patent transfer: 1. Copy of transferee/business license (seal) 2. The transferee provides the company organization code (a patent) 3. Power of attorney signed by the transferee (a patent) 4. Original transfer contract signed by the transferor and the transferee (a patent) 5. It should be noted that patent transfer must be carried out. There are two kinds of changes in the patent specification, that is, before the patent is issued and after the patent is issued. This is determined by the process of patent examination and certification. After the patent is granted, there will be a registration and printing procedure, and the certificate will be issued after it is completed. If there is any change before the registration and printing procedures, the certificate issued and the applicant information available on the website of the State Information Bureau shall be the changed obligee. If there is any change after the certificate is issued, the State Information Bureau will not issue new patent certificates, but only use the Notice of Approval of Patent Change in combination with the original certificate, and the information of the original applicant and the changed applicant will appear on the website of the State Information Bureau. This is why the price of unregistered printed patents after authorization is often higher than that of issued patents. Of course, even if there is no patent certificate, the transferee in the latter case can apply for a copy of the patent register, which will reflect all the information of the patent and be stamped with the fresh seal of the State Information Bureau, and its effect is equivalent to the patent certificate.