1. Can the invention patent be transferred?
The answer is transferable.
Patent transfer is a legal act that the patentee enjoys the right to apply for a patent and assigns the right to apply for a patent and the patent right to others. The Patent Law of People's Republic of China (PRC) stipulates that the patent application right and patent right can be transferred. The transfer of patent application rights or patent rights by state-owned enterprises must be approved by the higher authorities; China people (or units) to foreigners to transfer the right to apply for a patent or patent right, must be approved by the relevant competent authorities in the State Council. The parties to the assignment of a patent application or patent right must conclude a written contract, which will take effect after it is registered and announced by China National Intellectual Property Administration. Patent transfer includes many forms, such as sale, investment in shares, etc.
Written form, registration and announcement are the legal conditions for the entry into force of the patent application right transfer contract. Patent transfer without written contract or without registration and announcement in China National Intellectual Property Administration has no legal effect.
Two, three forms of invention patent transfer
Patent transfer in China usually takes the following three forms:
1, overall patent transfer, implementation of exclusive license, 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.
That's the invention patent transfer, okay? The whole content. 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. If you have any other questions about the transfer of invention patents, please feel free to log in to intellectual property for consultation and understanding.