For the transferee, it is necessary to focus on the following aspects to transfer the patent:
(1) Patent difference between unpaid fees and certificates.
Unpaid patent authorization means that the patent is authorized but no certificate is issued. At this time, the name on the patent certificate can be changed when the patent is transferred, that is to say, the certificate is the information of the transferor; For the next certificate patent, the certificate cannot be renamed, and you can only apply for a copy of the patent book in the future, indicating that you have obtained the patent right; In some cases, the patent under the certificate cannot be used because the name of the certificate cannot be changed.
(2) Unauthorized transfer of patents.
In this case, when the invention patent or utility model is about to be granted, the transferee wants to obtain the patent right or the right to apply, and then after the patent is granted, the name of the transferor is on the authorization notice. At this time, the transfer is risky. One is the risk that the patent will not be granted. Although the rectification or review opinion clearly implies that the patent will be granted, there is no notice to ensure the authorization. The other is that once the authorization is transferred, the subsequent authorization registration fee (mainly the annual fee for the first year) is often extremely high because the new assignee has no time to ask for fee reduction, and some of them are not worth the loss. Therefore, if it is not a special case, it is not recommended to transfer the patent application right in this state.
(3) Patent transfer for marketing purposes
Some grantees, after obtaining a patent, mark it and use it to promote their own products, which are called patented products. This kind of publicity needs to consider the relevance of patents, and the time of patent transfer should not be carried out after the product is produced. This time should be the product research and development stage, which requires highly relevant technology transfer. Otherwise, in today's developed network, with the strengthening of everyone's awareness of intellectual property protection, it is estimated that an inquiry will be exposed, which is not worth the candle.
(4) Transfer of patented technology.
Some transferees want to acquire technology, so they can contact the transferor as soon as possible to obtain first-hand technology and then carry out subsequent development. In the patent transfer at this level, we need to consider whether the other party's patent is feasible, especially whether there is a prototype, rather than patenting for the sake of patent. When necessary, we need to carry out technical cooperation in stages, not patent transfer; In addition, if it is found that the patent of the other party is the basis of its own technology or poses a threat, it is suggested that the sooner it is handled, the better, provided that the consent of the transferor is obtained.
(5) Construct patent pool and patent layout.
This patent transferee can consider the actual situation, on the one hand, consider the patent price, on the other hand, according to its own development level. If you have time or strength, you can develop it yourself, and it is not recommended to transfer it; If the time requirement is high, and at the same time, the degree of correlation with itself is relatively high, such patents, whether issued with certificates or granted free of charge, need to be handled as soon as conditions permit and obtain exclusive rights.