Do you need to go through the formalities for patent inheritance?

Patent right is an intangible property right, but it also has some characteristics of property right, that is, the patentee has the right to dispose of the patent right and transfer, donate or license others to use its patent right. After the death or disappearance of the patentee, his legal successor or right successor shall have the right to inherit the patent right. The transfer of patent right means that the subject of right has changed. This change can occur due to the voluntary transfer of the obligee, such as buying, selling, exchanging and transferring, or due to legal reasons, such as the death or disappearance of the patentee.

When the patentee is a natural person, once the natural person dies, his patent right will be transferred to the person who has the right of inheritance according to the provisions of the inheritance law. If the patentee is a legal person, once it is merged or dissolved, its patent right will be transferred to the legal person who enjoys the right of inheritance according to law.

According to the patent law, the change of patent subject is a necessary legal act. That is, it must be performed through legal procedures and must be completed before it can take effect.

Therefore, once the patentee dies or disappears, the successor or assignee of the patent right shall go to the patent office for patent inheritance or inheritance procedures. That is, when the patentee is a natural person, the death certificate of the patentee must be submitted, as well as the certificates that can prove the legal inheritance relationship between the patentee and the patentee, such as the certificate of parent-child relationship and the certificate of husband-wife relationship. When the patentee is a legal person, it must submit the certificate of dissolution or merger of the legal person, or the certificate of the superior competent department of the enterprise that requests to inherit the patent right, etc. After examination and approval by the Patent Office, the patentee may go through the formalities of changing the description items, inherit or inherit the patent right, and the Patent Office shall register and announce it.