How to transfer the utility model patent?

An important purpose of patent application is to transform patented technology into productive forces as soon as possible, so that technology can be applied to production and patented products can be circulated in the market. Only in this way can the important value of patent be realized and the contribution of patent applicants to society be fully reflected. Since the implementation of China's patent law, the number of patent applications has reached nearly 1 10,000. According to incomplete statistics, the patent implementation rate accounts for about 20%, which is lower than the level of developed countries in the world. Most patented technologies are "idle" in the hands of patent applicants, which causes great waste of patent achievements and brings great burden to patent applicants. According to the investigation and analysis, the reasons for the low patent implementation rate and the difficulty in transferring most patented technologies are: 1, the influence of national macro-control and market economy; 2. The information dissemination channel of patented technology is not smooth; 3. Imperfection of some patented technologies; 4. The licensing method of patent technology use fee pricing is unscientific; Of course, there are many other factors, but the above four aspects are more important and common. In order to accelerate the transformation of patented technology into productive forces, it is suggested that enterprises, institutions and individuals with patents do the following work: 1. Before applying for a patent, we should do a good job in market research, grasp market demand, and solve problems of universal significance in industrial and agricultural production and people's lives. 2. The patent application technology is not necessarily a perfect and mature technology. In order to transfer it as soon as possible, we must first make a sample or model of the invention, so that people can have a perceptual understanding of the technology or product. Through the sample or model, operation or compensation of food products, prospective producers will increase their confidence in the feasibility of implementing the technology or product, and often get twice the result with half the effort. 3. Write down the feasibility analysis and implementation of technology implementation as detailed as possible, including the main uses, functions and technical characteristics of technology or products, comparison with existing technologies or products, patent development degree (i.e. technical perfection degree), production conditions, economic benefits and market forecast, transfer conditions and transfer fees, etc. Although the feasibility analysis report is for the reference of manufacturers who want to take over the production, it should be realistic, artistic and attractive in language and writing. Some full-time inventors may not understand some problems in production and implementation, but write as much as they know and keep improving. 4. Actively select reliable and highly publicized information dissemination agencies to promote and publicize patented technologies, actively and selectively participate in technical exhibitions, trade negotiations and information release activities organized by these agencies, establish long-term business contacts with them, and timely communicate the improvement and implementation of technologies. 5. Do a good job in the implementation of the first patent transfer. First of all, it is the most difficult to transfer patented technology. In the case of imperfect and immature technology, actively adopt preferential or cooperative methods to cooperate with the implementers to improve and improve the whole technology, lay a foundation for future transfer, sum up experience, and serve as a model for the inspectors in the future negotiation process. Similarly, if the applicant can realize it by himself, he should also do a good job in realizing the model factory. This will help to enhance the confidence of the parties who want to take over the production. 6. Cooperate with relevant departments for targeted publicity and promotion. Some technologies are not widely promoted, but they are suitable for active promotion to professional peers. With the cooperation of prestigious technology promotion departments, technology or products are more likely to be authentic and reliable. Of course, the matrix or product itself must stand the test of credibility, and the promotion department can only start work after examining its effect. 7. The transfer fee and transfer method should be moderate and reasonable. This is an important factor affecting the success of the transfer. Often some patent applicants want to eat a fat man in one bite, and the transfer fee is too high and the conditions are harsh, which makes it difficult for the parties who want to take over the production and affects the implementation of the patent. If it is difficult for patent applicants to work out a reasonable transfer fee and transfer method, they can consult the relevant competent authorities and work out a reference model. 8. Conditional technology holders should also conduct necessary tests and appraisals on patented technologies or products according to the implementation requirements of the technologies or products, so as to increase the reliability of the technologies, and cooperate with all parties wishing to receive the products to do a good job in this respect. 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 patent can be transferred, and the transferor and the transferee shall sign a written contract for patent transfer, and the following matters shall be noted: 1. The transfer of a patent shall comply with the relevant provisions of the patent law, and the transferor of the patent must have the ownership of the patent. If the patent belongs to the enterprise, it must be approved by the higher authorities. The transfer of patents to foreigners (or foreign countries) must be approved by the State Council and a patent transfer contract must be signed. The contract must be registered and announced by the patent office. Two, the transferee must be a patent for the promotion and application of patented technology, not a monopoly technology. 3. The patentee shall ensure that the transferee obtains technical knowledge. Article 345 of the Contract Law stipulates that "the transferee of a patent licensing contract shall license the transferee to exploit the patent in accordance with the agreement, deliver technical materials related to patent exploitation and provide necessary technical guidance." 4. The patent licensing contract can only be valid within the patent term. When the patent right expires or the patent is declared invalid, the patentee may not conclude a patent licensing contract with others. 5. The transferee of a patent exploitation license contract shall not license a third party other than the one agreed with the transferor to exploit the patent and collect the agreed fees. Six, the patentee has implemented the invention-creation before the patent transfer, after the establishment of the transfer contract, it shall stop the invention-creation (as agreed). Seven, before the establishment of the patent transfer contract, the patent licensing contract or non-patent transfer contract concluded by the patentee and others shall remain valid after the establishment of the patent transfer contract, and the agreed rights and obligations shall be transferred to the assignee of the patent transfer contract.