Consider, consider
Generally, it is an agreed price of a certain amount. Article 10 of China's patent law stipulates: "The patent application right and patent right can be transferred. China Dan
The transfer of patent application right or patent right by an individual to a foreigner must be approved by the relevant competent department of the State Council. Transfer the right to apply for a patent or
For patent rights, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement.
. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration. "
Patent transfer has the following characteristics:
The subject matter of the transfer is the patent right. Patent right is an intangible property right, and the content and method of its transfer are specially stipulated by law.
. Therefore, the patent right transfer contract should not only abide by the general contract principles and systems, but also consider the particularity of the same subject matter.
Must be observed.
Special provisions of the law.
The transfer of patent right is the transfer of patent ownership. After the transfer of the patent right, the original patentee loses the exclusive right, and the transferee
Become the new patent owner. In this respect, the transfer of patent right has changed the subject of patent. It is different from patent licensing.
The patent license transfers the patent exploitation right, and the patent right still belongs to the patentee, who
The body hasn't changed.
The transfer of patent right is realized through a written contract. The transfer of patent right involves the ownership of patented technology, which is of great significance to both parties.
As far as people are concerned, it is an objective evidence of the acquisition or loss of patent rights. Patent technology is not only complicated, but also keeps pace with the development of technology, because
This objectively requires that such a contract must be in writing.
The transfer of patent rights must go through legal procedures. The assignment and contract of patent right must be registered and announced by the State Patent Office before it can take effect.
. A patent transfer contract that has not been registered and announced by the State Patent Office is invalid and not legally binding. In addition, the root
According to the provisions of China's patent law, the transfer of patent rights by Chinese units or individuals to foreign countries and individuals must be approved by the relevant authorities in the State Council.
Reading the following article will help you understand this article.