Materials to be prepared
"Patent Rights Transfer Contract" and "Declaration Form for Change of Bibliographic Items".
1. Fill in the "Patent Rights Transfer Contract".
2. Fill out the "Declaration Form for Changes in Bibliographic Items".
Fill out the "Declaration Form for Changes in the Bibliographic Items" and provide documentation proving the change in the bibliographic items. Materials proving changes in bibliographic items refer to:
1. If the applicant or patentee has rights transferred due to disputes over ownership of rights, or the inventor has changed due to disputes over qualifications, if the dispute is resolved through negotiation, it should be submitted Rights transfer agreement signed or stamped by all parties;
If the dispute is determined by a People's Court judgment, the legally effective People's Court judgment shall be submitted. After receiving the judgment, the Patent Office shall notify other parties If the party inquires whether to file an appeal and fails to respond within the specified time limit (two months) or makes it clear that there is no appeal, the judgment will become legally effective; if an appeal is filed, the party shall issue a notice of acceptance of the appeal, and the original People's Court judgment will not become legally effective. .
If the dispute is mediated and decided by the local Intellectual Property Office (or corresponding functional department), after receiving the mediation decision, the Patent Office shall notify other parties to inquire whether to file a lawsuit in court; within the designated period (two days) If there is no reply within three months) or it is clear that no lawsuit has been filed, the mediation decision will be legally effective; if a lawsuit is filed, the party concerned shall issue a court acceptance notice, and the original mediation decision will not be legally effective.
2. If a patent applicant or patentee has a transfer of rights due to the transfer or donation of rights and requires a change in the patent applicant or patentee, the transfer or donation must be submitted. The original or notarized copy of the contract; the contract is concluded by a legal person and must be signed or stamped by the legal representative or an authorized person, and the legal person's official seal or contract-specific seal must be affixed;
Notarized documents must be submitted if necessary. When a citizen concludes a contract, it must be signed or stamped by himself; notarized documents must be submitted when necessary.
If there are multiple patent applicants or patentees, proof of the consent of all rights holders to the transfer or donation should be submitted.
The transfer of patent application rights or patent rights involving overseas residents or legal persons shall comply with the following provisions:
(1) The transferor and the transferee are both overseas residents or legal persons. , the original copy of the transfer contract signed by both parties or a notarized copy must be submitted to the Patent Office;
(2) The transferor is a legal person or individual in mainland China, and the recipient If the transferor is an overseas resident or legal person, the transfer must be approved by the foreign economic and trade department of the State Council in conjunction with the science and technology administration department of the State Council, and the transfer signed by both the transferor and the transferee. The original contract text or a notarized copy of the transfer contract text;
(3) If the transferor is an overseas resident or legal person, and the transferee is a legal person or individual in mainland China, both copies must be issued to the Patent Office
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The original notarized text of the transfer contract signed and sealed by the transferor;
(4) The above-mentioned change procedures for the patent application right or patent right transfer must be completed by the transferor’s applicant or patent The right holder
or the patent agency entrusted by him/her shall handle the matter.
Overseas residents or legal persons in the above (1)-(3) refer to foreigners and foreign enterprises that do not have a habitual residence or business office in mainland China
Hong Kong, Macao Residents or legal persons in the region and Taiwan; those who have a habitual residence or business office in mainland China can apply for patent application rights and patent rights transfer regulations for Chinese residents or legal persons.
3. If the applicant or the patentee is a legal person, changes in the catalog items caused by its merger, reorganization, division, cancellation, bankruptcy or restructuring
A legally binding document must be issued file.
4. If inheritance occurs due to the death of the applicant or the patentee, a document certifying that the party concerned is the only legal heir or that the party has included all legal heirs issued by a notary office must be submitted. .