First, the difference between intellectual property transfer and intellectual property licensing
The difference between intellectual property transfer and intellectual property license;
1. Different ways to acquire rights
Patent transfer is a way to realize the change of patent right by purchasing patents, which means that the right holder transfers all his patent rights to the assignee.
Patent licensing is usually achieved by signing a patent licensing contract, which means that the patentee allows the licensee to use the patent in a certain way in a certain area and within a certain period of time.
2. The ownership of patents is different.
After the patent is transferred, the ownership of the patent right changes, and the buyer becomes the owner of the patent and has the right to exercise the patent ownership. The original patentee no longer owns any rights of the patent.
Patent licensing does not change the ownership of the patent: the period for the patentee to license the other party to use the right is generally shorter than the period for patent protection.
3. The conditions for entry into force are different.
The transfer and license of patent right must be confirmed in writing. The establishment of a patent transfer contract must be registered and announced by the China National Intellectual Property Administration Patent Office before it can take effect. The transfer of the patent right of a unit owned by the whole people must be approved by the higher authorities. Units and individuals in China who transfer patent rights to foreigners must obtain the approval of the relevant competent authorities in the State Council. Patent licensing, also known as patent authorization, usually appears in the form of written contracts, which are called patent licensing and patent authorization contracts.
Second, the way of intellectual property transfer
1. Participate in various technical exhibitions.
Participate in all kinds of exhibitions, fairs, fairs and other technical trading activities of patented new products, and publish and promote technologies in all kinds of technical trading activities.
2. Self-transfer
The patentee publicizes the patent through the media and negotiates with investors on his own.
3. Entrust an intermediary agency
Through an intermediary company. First, choose a formal and qualified intermediary company. You can check it on the website of the patent office. There is a special patent agency information page, which also contains the penalties for violations by regular patent agencies.
Three. Conditions for transfer of intellectual property rights
According to the Patent Law, if the right to apply for a patent is transferred, the parties concerned must conclude a written contract, which will take effect after it is registered and announced by the Patent Office. I remind you that written form, registration and announcement are the legal conditions for the entry into force of the patent application right transfer contract. Patent transfer contracts that are not signed in writing or registered and announced by the Patent Office are not protected by law.