The main way for patentees to obtain economic and social benefits is to implement their patents. The patentee may exploit the patented technology by himself or authorize others to exploit the patented technology. According to the actual situation in China, the main way to implement most non-service inventions is to authorize others to implement patented technology. Once the patentee makes such authorization, the right to use the patented technology will be transferred from the patentee to the assignee. In China, many people refer to the licensed use of patents as "patent transfer", but this kind of "transfer" is qualitatively different from the real transfer of patent rights, because the legal issues related to this transfer have been introduced in detail in the Rights of the Patent Holder, so I won't repeat them here. The international common name is "patent licensing trade"
1. The concept of license trade.
2. Types of patent licensing
3, the main terms of the patent licensing contract
4. Patent licensing and technical know-how.
Second, the transfer of the patent right
1, concept
Patent transfer means that the patentee transfers his patent to the transferee for compensation through market transactions. After the transfer of the patent right takes effect, the transferor no longer enjoys the patent right, and the transferee becomes the new patentee, enjoying all the property rights of the patent right enjoyed by the original patentee. The personal right of the patent right cannot be transferred.
The patentee's assignment of the patent right is different from licensing others to exploit its patent. The transfer of patent right means that the ownership or holding right of the patent has been transferred, and the assignee of the patent right becomes the patentee and enjoys the ownership or holding right of the patent, while the transferor, the original patentee, no longer enjoys the ownership or holding right of the patent. Licensed use of a patent means that the ownership or holding right of the patent has not been transferred, the patent right is still reserved by the patentee, and the licensee has only obtained the right to exploit the patent.
The transfer of patent rights is free in principle, but the transfer of all patent rights of units owned by the whole people, especially to foreigners, must be approved by the relevant authorities in the State Council.
Step 2 transfer
The form of patent right requires the transfer of patent right, and the transferor and transferee must conclude a written contract, which will take effect after being registered and announced by the Patent Office. Registration and announcement are mandatory clauses in the patent transfer contract, that is to say, registration and announcement are one of the necessary conditions for the patent transfer contract to take effect. Therefore, before registration and announcement, even if both parties have signed and sealed the transfer contract, the act of transferring the patent right cannot take effect.
How to transfer the patent right when it exists? China's patent law does not clearly stipulate. At this time, the relevant provisions and principles of the General Principles of Civil Law on * * * should be applied.