What is the process of patent transfer? What materials does the patent transferor give to the transferee?

Patent transfer refers to a contract in which the patentee, as the transferor, transfers the ownership or holding right of his invention-creation patent to the transferee, and the transferee pays the agreed price. The party who obtains the patent right through the patent right transfer contract becomes a new legal patentee, and may also conclude a patent transfer contract and a patent licensing contract with others, including the transfer of the patent application right.

Step 1: Find the way of patent transfer.

Finding the way of patent transfer is the most basic link in the process of patent transfer. In fact, there are many ways to transfer patents. For example, you can transfer them on the patent website, entrust a patent agency, or even find relevant enterprises yourself.

Step 2: The patent assignor and the patent assignee sign a patent assignment contract.

This is a key step in the process of patent transfer. After the patent transferor and the transferee reach an agreement, the subsequent transfer-related work can be effectively carried out. In the transfer contract, there should be clear words about the interests of both parties.

Step 3: Both parties prepare relevant documents for patent transfer.

Fill in the relevant documents in strict accordance with the prescribed form, so as to shorten the time for China National Intellectual Property Administration to review documents and speed up the review.

Step 4: Submit relevant documents to the State Patent Office.

Because only after the patent office has passed the examination, the patent transfer has a legal basis. Therefore, in this process, the entrusted patent agency will play an important role, and choosing the right patent agency is also a detail that cannot be ignored in this process.

Step 5: The last step of the patent transfer process is to wait for the result of the patent transfer.

The patent office will inform the examination result when it examines it. If approved, the patent office will generally issue a notice of patent transfer within 2 to 6 months. Relevant change results can be found in China National Intellectual Property Administration Patent Library.

According to the patent law, patents are divided into inventions, utility models and designs. "Invention" refers to a new technical scheme proposed for a product, method or its improvement; Utility model refers to a new practical technical scheme for the shape, structure or combination of products; "Appearance design" refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.

Matters needing attention in patent transfer

1, avoid blindly expanding the patent value-for the pre-tender estimate of patent right transfer, it should be based on the principle of being able to clinch a deal, otherwise the cooperation is likely to fail;

2. Do not make a quick decision-patent transfer is a legal procedure, and it is recommended to entrust relevant people in the industry to carry out relevant operations;

3. Putting cooperation first, it is important for patent development to benefit and contribute to society and life. A patented technology with a certain technical content and market capacity can only be technology before it is transformed into the productivity of the grand event, so industrialization is the highest standard for benefiting society and mankind;

4. Make a record of the transfer process as much as possible, which is very important for follow-up problems and income distribution; Before the transfer, don't easily carry out operations such as value evaluation, especially according to the requirements of the other party. If it is really necessary to make an assessment, try to make clear the principle and proportion of the assessment cost; Don't hand over technical data and related drawings and other specific materials easily before the handover procedures are completely completed.