When a company purchases a patent, or when a shareholder invests in a patent, it involves patent transfer. Patent transfer includes the transfer of patent application rights and the transfer of patent rights. The difference lies in whether the transferred patent is authorized.
Be aware of the following points when transferring a patent:
1. Before transferring a patent, the transferee needs to verify the legal status of the transferred patent, such as whether there are multiple patentees. Whether the status of the patent is valid or invalid, whether the patent has been pledged, etc.
2. When signing a written patent transfer contract, it is necessary to clarify the method of patent transfer, the transfer price, the effective time of the contract, etc.
3. Patent transfer adopts a registration-effective system, so after signing the patent transfer contract, it should be submitted to the Patent Administration Department of the Intellectual Property Office for filing and registration and then announced.
Legal basis:
Article 10 of the "Patent Law of the People's Republic of China" Patent application rights and patent rights can be transferred.
When Chinese entities or individuals transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, they must go through the procedures in accordance with the provisions of relevant laws and administrative regulations.
To transfer patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.