1. The following materials shall be submitted when going through the formalities for describing the change of the project:
1. Record the project change statement.
2. Pay the recording project change fee within one month from the date of request, 200 yuan.
3. Proof materials (patent right transfer contract): If the patentee requests to change due to the right transfer or gift, 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.
According to Articles 10, 11, 12, 60 and 72 of the Patent Law: "Anyone who infringes on the inventor's or designer's right to apply for a patent for non-service invention-creation and other rights stipulated in this Law shall be given administrative sanctions by his unit or the competent authority at a higher level." Provisions that the right to apply for a patent and the patent right are protected by state laws.
An inventor or designer may transfer his patent application right or authorized patent right to an assignee by concluding a patent application right or a patent right transfer contract and charging a certain price.
Patent application right or patent transfer contract refers to a contract in which the transferor transfers the patent application right for a specific invention to the transferee, and the transferee pays the agreed price.
The transferor of the patent application right or patent transfer contract must be a natural person, legal person or other organization that holds the patent application right or patent right according to law.
Where a unit owned by the whole people transfers the right to apply for a patent or the patent right, it must be approved by the competent authority at a higher level; Where a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
Any natural person, legal person or other organization may become the assignee of the patent application right or patent transfer contract. After the transferee pays the agreed technology transfer fee, the transferor provides the patented technology information.
If the specification of the patented technology avoids or confuses the core technology, the technology transferor shall make necessary technical explanations when handing over the technical data. Until the transferee can carry out the construction according to the technical scheme.
Extended data:
agent
The transferee refers to the unit or individual that obtains the patent right according to law through contract or inheritance. The right to apply for a patent and the patent right can be transferred. After the transfer of the patent application right, if the patent is obtained, then the assignee is the subject of the patent right; After the transfer of the patent right, the assignee becomes the new subject of the patent right.
Where two or more units or individuals cooperate to complete an invention-creation, or one unit or individual accepts the entrustment of another unit or individual to complete an invention-creation, and both parties agree that the application for patent right for invention-creation belongs to the entrusting party, according to their agreement, after the application is approved, the unit or individual applying for the patent right shall be the patentee.
If there is no agreement between units or individuals, which constitutes entrusted development, the patent application and the patent right obtained shall belong to the trustee, but the trustee may exploit the patented technology free of charge.
The assignee shall not become an inventor or designer after obtaining the patent application right or patent right, and the inventor or designer of the invention-creation shall not lose his specific personal rights because of the transfer of the patent application right or patent right.
From the perspective of patent utilization right, the assignee also protects the assignee of patent utilization right, that is, the legal person or individual who obtains the patent utilization right through contract, including exclusive licensor, exclusive licensor and general licensor.
Baidu encyclopedia-patent right