Can I transfer the right to apply for a patent?

The right to apply for a patent is the right to file a patent application with the Patent Office. According to Article 10 of the Patent Law, the right to apply for a patent is transferable. According to the provisions of the Patent Law, when transferring the right to apply for a patent, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. Units and individuals in China who transfer the right to apply for a patent to foreigners must obtain the approval of the relevant competent authorities in the State Council. The transfer of the right to apply for a patent shall take effect from the date of registration and announcement.

According to the relevant provisions of the contract law and patent law, the main body of the contract for the transfer of patent application right is:

(1) The inventor or designer of a non-service invention-creation.

(2) The unit where the inventor or designer of the service invention-creation belongs.

(3) A research and development entity entrusted with development or an entrusted entity that has obtained the right to apply for a patent in accordance with the agreement.

(4) Cooperating with the completing entity or the entity that has obtained the patent application right according to the agreement to research and develop * * *.

(5) The assignee who has obtained the patent application right according to the contract for assignment of the patent application right.

How to transfer the patent application right?

1. Sign the transfer contract. A contract for assignment of patent application right refers to a contract in which the assignor assigns its patent application right for invention-creation to the assignee, and the assignee pays the agreed price.

2. Where the patent application right or patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council 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.

3. In addition, it should be noted that if there are more than two patent applicants, the transfer of the patent application right must be agreed by all the right holders; Where a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved by the foreign economic relations and trade department of the State Council in conjunction with the administrative department of science and technology of the State Council.

For more patent-related issues, please feel free to visit Zhejiang Bajie Intellectual Property Trademark Transfer Network to discuss with us. If related industries need patent applications, they can also visit Zhejiang Bajie Intellectual Property Trademark Transfer Network for consultation.