In the case of change of rights, only copies of the patent register can be processed. After the transfer of the patent right, the patent office will no longer issue new certificates. To prove that you are the obligee, you need a copy of the patent register issued by the Patent Office, which is an effective legal document.
1. According to the relevant provisions of the Contract Law and the Patent Law, the main body of the patent application right transfer contract is:
1, the inventor or designer of a non-service invention-creation.
2, the inventor or designer of the service invention-creation unit
3. Entrust the R&D unit to develop or entrust an agreement to obtain the patent application right.
4. Cooperate with the completing unit to research and develop * * * or obtain the patent application right according to the agreement.
5, according to the patent application right transfer contract to obtain the assignee of the patent application right.
Second, the patentee type
1, the unit of inventor and designer.
The right to apply for a patent belongs to the employees of enterprises, institutions, social organizations and state organs who perform the tasks of their own units or mainly use the material conditions of their own units to complete their job inventions.
2. Inventors and designers
The right to apply for a patent for a non-service invention-creation completed by an inventor or designer belongs to the inventor or designer.
3. * * * with inventors, * * * with designers.
An invention and creation completed by two or more units or individuals is called a * * * simultaneous invention and creation, and the person who completed this invention and creation is called a * * * simultaneous inventor or a * * * simultaneous designer.
Extended data:
I. Procedures for patent right transfer
1. Sign the transfer contract. A contract for assignment of patent application right refers to a contract in which the assignor assigns its patent application right for invention-creation to the assignee, and the assignee pays the agreed price.
2. Where the patent application right or patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council 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.
3. If there are more than two patent applicants, the transfer of the patent application right must be agreed by all the right holders; Where a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved by the foreign economic relations and trade department of the State Council in conjunction with the administrative department of science and technology of the State Council.
Second, the main terms of the patent application right transfer contract
The name of the contract, the name of the invention-creation, the type of invention-creation, the inventor or designer, the list of technical data and materials, the responsibility for rejecting the patent application, the price and its payment method, the calculation method of the amount of liquidated damages, and the solution to the dispute.
Baidu Encyclopedia-Transfer of Patent Application Right
Baidu encyclopedia-patentee