Patent transfer can be done by looking for companies or some entrepreneurial newspapers, patent intermediaries, and online platforms to guide investors to purchase patents, such as the highly praised tripartite cooperation model.
Conditions for patent transfer:
The Patent Law stipulates that when transferring the right to apply for a patent, the parties must enter into a written contract, which will take effect after being registered and announced by the Patent Office. Written form, registration and announcement are legal conditions for a patent application right transfer contract to take effect. Patent right transfer contracts that are not signed in writing or registered and announced by the Patent Office are not protected by law.
Patent transfer process:
Step one: Find a way to transfer the patent.
This is the most basic link in the patent transfer process, and it is also very easy to implement. There are actually many ways to call for patent transfer. For example, you can transfer on the patent website, you can entrust a patent intermediary, or you can even find relevant companies yourself.
Step 2: The patent assignor and the patent assignee sign a patent rights transfer contract.
This is a critical step in the patent transfer process. Only after both the patent transferor and the transferee reach a consensus can subsequent transfer-related work be effectively carried out. In the transfer contract, the interests of both parties should be clearly stated.
Step 3: Both parties prepare the relevant documents required for patent transfer. These documents should be filled in strictly according to the prescribed form. This can shorten the time for the State Intellectual Property Office to review the documents and speed up the review. .
Step 4: Entrust a patent agency to submit relevant documents to the Patent Office.
This is an important part of the patent transfer process. Because only after approval by the Patent Office can the patent transfer have a legal basis. Therefore, in this process, the entrusted patent agency will play an important role in it. Choosing an appropriate patent agency is also a detail that cannot be ignored in this process.
Step 5: Wait for the patent transfer result.
After the patent office examines the application, it will notify you of the examination results. If the review is passed, the Patent Office will generally issue a patent transfer qualification notice within 2 to 6 months. And the relevant change results can be queried in the patent database of the State Intellectual Property Office. Things to note
1. Avoid blindly expanding the value of the patent - the minimum bid for the transfer of patent rights should be based on the principle that the transaction can be completed, otherwise the cooperation is likely to fail;
2. Avoid seeking speed - Patent transfer is a legal process. It is recommended that you entrust relevant industry insiders (such as lawyers) to carry out relevant operations, and do not sign a contract casually on your own;
3. Cooperation should be given top priority - the purpose of patent development , in addition to affirming oneself, and more importantly, it is beneficial and contributes to society and life. A patented technology with a certain technical content and market capacity can only be technology before it is transformed into social productivity. Therefore, it can be realized Industrialization is the highest standard that benefits society and mankind. To some extent, it is also necessary to make appropriate concessions and lower the standards. After all, cooperation requires sincerity from both parties;
4 . Keep relevant records - Keep records during the transfer process as much as possible, which is very important for follow-up issues and income distribution; before the transfer, do not easily conduct value evaluation and other operations, especially do not easily conduct this based on the other party's requirements. For such operations, if you really need to conduct an evaluation, try to clarify the principles and proportions of the evaluation costs to avoid being deceived; do not easily hand over specific information such as technical data and relevant drawings before the transfer procedures are completely completed.