1. Transfer the patent transfer contract signed by both parties;
2. Identification certificates of both parties;
3, a copy of the patent certificate and legal status certificate;
4. Letter of termination with the original agency and new power of attorney signed with the transferee;
5. If it is necessary to transfer patented technology to foreign countries, it is also necessary to submit the technology export license issued by the the State Council Municipal Department of Commerce.
Second, the procedure.
1. Step 1: Find the way of patent transfer. This is the most basic link in the process of patent transfer, and it is also very easy to realize. In fact, there are many ways to call patent transfer. For example, it can be transferred on the patent website, entrusted to a patent agency, or even found by yourself.
2. Step 2: The patent transferor and the patent transferee sign a patent transfer 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.
3. Step 3: Both parties should prepare relevant documents required for patent transfer, and these documents should be filled in strictly in accordance with the prescribed forms, 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 Patent Office. This is an important part of the patent transfer process. 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.
legal ground
patent law of the people's republic of china
Article 10 The right to apply for a patent and the patent right may be transferred.
Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.
Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which 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.