The patent transferor shall deliver to the transferee all patent application documents submitted to China National Intellectual Property Administration, including specifications, claims, drawings, abstracts and abstract drawings, requests, statements of opinions, decisions on examination and approval of changes in catalogue information, rights restoration after loss of rights, power of attorney, etc. (If the application is PCT, all PCT application documents should also be included).
All documents issued by the Intellectual Property Office to the transferor, including acceptance notice, intermediate documents, authorization decision, patent certificate and copies, etc.
A patent exploitation license contract licensed by the transferor to others, including the contract attachments (i.e. the technology, process and other documents related to patent exploitation).
A valid certificate of patent right issued by China National Intellectual Property Administration. The approval document of the superior competent department or the relevant competent department of the State Council.
Second, the time, place and way of transmitting information
Information transmission time
How and where to deliver information.
The Transferor shall submit all the above materials to the Transferee in person, by registered mail or by air transportation, and submit the list of materials to the Transferee in person, by mail or by fax, and submit the air waybill to the Transferee in person or by mail.
The delivery place of all materials is the location of the transferee or the place agreed by both parties.
Three, the implementation and licensing of patents and disposal methods
Before the signing of the transfer contract, the assignor has already exploited the patent, and the transfer contract may stipulate that after the signing of the transfer contract takes effect, the assignor may continue to exploit or stop exploiting the patent. If there is no agreement in the contract, the transferor shall stop exploiting the patent.
Before the signing of the transfer contract, the rights and obligations of the licensing contract that the transferor has permitted others to implement shall be transferred to the transferee from the effective date of the signing of the transfer contract.
Four. Transfer fee and payment method
The patent right transfer fee involved shall be paid in one lump sum. From the effective date of the contract, or after the announcement of the Patent Office, the transferee shall remit all the transfer fees to the transferor's account, or remit them in cash (or in person).
The transfer fee of the patent right involved shall be paid by installments, and the transferee shall remit part of the transfer fee to the transferor's account from the effective date of the contract or after the announcement of the Patent Office; After the transferor has delivered all the materials, the transferee will remit the remaining transfer fee to the transferor (or pay it in person);
Payment method is bank transfer (or collection, cash payment, etc. ), and the place of cash payment is generally the place where the contract is signed.
Verb (abbreviation of verb) patent revocation and invalid treatment
According to Article 50 of the Patent Law, when the patent right of the transferor is revoked or declared invalid after the establishment of the transfer contract, if there is no obvious violation of the principle of fairness and the transferor does not maliciously cause losses to the transferee, the transferor will not return the transfer fee to the transferee, and the transferee will not return all the information.