There are similarities and essential differences between transfer and right transfer.
1, the object of the contract in the patent right transfer is the patent right, and the object of the patent application right transfer contract is the patent application right;
2. The transfer of patent right takes place after the patent is authorized, the transferor is the patentee, and the transfer of patent application right takes place before the patent is authorized? The assignor is the patent applicant. The right to apply for a patent and the patent right can be transferred.
In the transfer of patent application right, whether the patent signature belongs to the transferor or the transferee will affect the transferor after the transfer. The right to apply for a patent refers to the time when a legal person, natural person or other organization has the right to file a patent application with the State Patent Office according to law and successfully accept it, but has not yet reached the stage of patent authorization.
The right to apply for a patent shall not be converted into a patent right because of the uniqueness of the patent right.
Patent right refers to a legal person, natural person or other organization that has the right to file an application for a patent for invention and creation with the State Patent Office according to law, and its patent application has been successfully accepted by the patent administrative department of the State Council, and the patent applicant has been granted the rights according to law.
After the transfer of the right to apply for a patent is registered, the right to apply for a patent belongs to the transferee inventor, and all documents released after the transfer are registered as the transferee, but the registered items of the published application documents remain unchanged.
After the announcement of the registration of patent right transfer, the patentee of the registered items in the patent register changes, and the explanatory items of the documents published and issued by the transferee remain unchanged, including the authorization announcement and patent certificate.