Invention patents can be transferred according to law. To transfer the invention patent right, the transferor and the transferee need to sign a written transfer contract, stipulate the transfer scope, transfer time, transfer price and other contents, and apply to the patent administration department of the State Council for registration.
Legal objectivity:
The Patent Law stipulates: "After a patent for invention and utility model is granted, unless otherwise stipulated in the Patent Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for the purpose of production and operation, or use its patented method and use, promise to sell, sell or import the product directly obtained by its patented method." In addition to the direct way for the patentee to implement the patent himself, there are indirect ways. The so-called indirect way means that the patentee does not implement it himself, but is implemented by others through legal recognition. 1. The patentee's patent implementation is the most common way in patent implementation. The patentee may independently exploit his patent or cooperate with others as an investment. Licensing others to exploit (1) The concept of licensing others to exploit is that the patentee is the licensor, and the licensee is allowed to use his patented invention and creation under certain conditions by signing a contract. The patent law clearly stipulates that any unit or individual who exploits another person's patent shall conclude a written license contract with the patentee and pay the patentee the royalties. It should be pointed out that licensing others to exploit the patent only transfers the right to use the patent to the user, and the patentee has not changed. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. (II) Types of patent license Common types of patent license include exclusive license, exclusive license and general license. Now they are introduced as follows: 1. Exclusive license. Exclusive license means that the licensor completely grants the licensee the right to exploit the patent within the specified time limit and territory. In the case of exclusive license, the patent right of the patent that is allowed to be exclusively exploited still belongs to the patentee, but only the licensee has the right to exploit a specific patent within the specified period and within the specified area, and no one else, including the patentee, has the right to exploit the same patented technology. 2. Exclusive license. It means that in a certain area, the licensee enjoys the exclusive right to exploit the licensed patent within the validity period of the contract, and the patentee shall not allow any third party to exploit the same patent in the same area and at the same time. Different from exclusive license, in the case of exclusive license, the patentee has the right to exploit the patent in this area. 3. General permission. General license means that the licensor gives the licensee the right to exploit the patent in a specific area and time. The license is not exclusive and exclusive. The patentee may exploit the patented technology with the licensor and the third party, or may exploit the patented technology by himself. 3. Where an invention patent of a state-owned enterprise or institution is designated for implementation according to national needs, which is of great significance to national interests or public interests, the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to popularize and apply it within the approved scope, allowing the designated unit to implement it, and the implementing unit shall pay royalties to the patentee in accordance with state regulations. The invention patents of collectively-owned units and individuals in China are of great significance to national interests or public interests. If it needs to be popularized and applied, it can also be handled according to the above provisions. Implementing compulsory license (I) The concept of compulsory license Compulsory license is involuntary license, which is a compulsory means for the patent administrative department of the State Council to implement patents according to legal conditions and procedures. It means that after a certain period (three years) from the date when the patent right is granted, any unit may, under certain conditions, license other units and individuals to exploit the patent of the patentee without the consent of the patentee. (2) Compulsory licensing conditions 1. Where a unit with implementation conditions requests the patentee of an invention or utility model to license the exploitation of its patent on reasonable terms, but fails to obtain the license within a reasonable period of time, the patent administration department of the State Council may, upon the application of the unit, grant a compulsory license to exploit the invention patent or utility model patent. 2. In case of national emergency or special circumstances, or for the purpose of public interest, the administrative department for patent in the State Council may grant a compulsory license to exploit the patent for invention or utility model. 3. Where the patented invention or utility model is a major technological progress with great economic significance compared with the invention or utility model of the previous patent, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department in the State Council may grant a compulsory license to exploit the previous invention or utility model upon the application of the latter patentee. Where a compulsory license is granted in accordance with these Provisions, the administrative department for patent in the State Council may also grant a compulsory license to exploit the latter invention or utility model upon the application of the former patentee. (3) Precautions for compulsory licensing 1. Units or individuals applying for compulsory license shall provide proof that they have not signed a license contract with the patentee on reasonable terms. 2. The decision made by the patent administrative department of the State Council to grant compulsory license shall be notified to the patentee in time, and shall be registered and announced. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination. 3. The decision made by the patent administrative department of the State Council to grant compulsory license shall limit the implementation of compulsory license to the needs of the domestic market; The invention and creation involved in compulsory license is semiconductor technology, and the implementation of compulsory license is limited to the non-commercial use of the public, or the use is recognized as anti-competitive by judicial or administrative procedures and given relief. 4. The unit or individual that has obtained the compulsory license for implementation does not enjoy the exclusive right of implementation, nor does it have the right to allow others to implement it. 5. The unit or individual that has obtained the compulsory license for exploitation shall pay the patentee a reasonable royalty, the amount of which shall be determined by both parties; If both parties fail to reach an agreement, it shall be decided by the patent administration department of the State Council. 6. If the patentee refuses to accept the decision of the patent administrative department of the State Council on compulsory license, and if the patentee and the unit or individual that obtained the compulsory license refuse to accept the decision of the patent administrative department of the State Council on compulsory license fee, they may bring a lawsuit to the people's court within three months from the date of receiving the notice.