You must know two situations about the transfer of patent application right.

Needless to say, the benefits of applying for a patent, but do you know that the right to apply for a patent is also a right that can be transferred before the patent is granted? Can also help you earn economic benefits! So under what circumstances can the right to apply for a patent be transferred? The following small series will bring you two kinds of patent application rights transfer, you must know. Two situations of patent application right transfer You must know two situations of patent application right transfer. In the first case, the inventor or designer can transfer his patent application right to others before filing a patent application with the Patent Office. The second is that the inventor or designer has filed a patent application with the Patent Office, but can transfer his patent application right to others before obtaining the patent authorization. The essence of these two situations is that the subject of the right to apply for a patent has changed, but the difference is that they are in different stages of patent application. However, it should be noted that no matter at which stage the right to apply for a patent is transferred, both parties to the transfer must conclude a written contract and register it with the patent administrative department of the State Council, and the patent administrative department of the State Council will make an announcement, otherwise it will not be a real transfer of the right to apply for a patent. Maybe you've lost your head, so I'll explain it to you with a case. Plaintiff: Shanghai Dahua Chemical Light Industry Co., Ltd. (hereinafter referred to as Dahua Company) Defendant: Kong Dekai, director of a research institute in Wuxi. Both parties agreed that Kong Dekai would transfer his patent application right for service invention of safe and energy-saving electroplating circulating filter heater to Dahua Company, which would apply for the patent independently, and Kong Dekai would give up his patent application right (even if Dahua Company only applied for a patent but did not apply, Kong Dekai would not apply); Dahua Company paid Kong Dekai a patent application right transfer fee of 654.38 million yuan, including 50,000 yuan in advance after the contract was signed and 50,000 yuan after the contract was notarized. After the contract comes into effect, Dahua Company will go to the notary office for notarization. The contract also stipulates that Kong Dekai has no right to ask Dahua Company to pay remuneration or bear the risk of economic return in the future, regardless of the economic benefits of Dahua Company in production. After the contract was signed, Dahua Company paid the transfer fee of 60,000 yuan to Kong Dekai twice, but failed to go through the notarization procedures as stipulated in the contract. Kong Dekai thinks that Dahua Company failed to pay the transfer fee as agreed, which is convenient for filing a patent application with China Patent Office in July. 1987. 1June, 988, Kong Dekai's patent application was published by China Patent Office. Accordingly, Dahua Company sued the Shanghai Intermediate People's Court, demanding that Kong Dekai return the transfer fee of 60,000 yuan and compensate the liquidated damages of 6,543,800 yuan. In the above-mentioned case, the contract stated that the patent application right of safe and energy-saving electroplating circulating filter heater was transferred. However, before signing the transfer contract, the owner of the technology did not file a patent application with China National Intellectual Property Administration, and the transferee (Dahua Company) was not registered with the patent administration department of the State Council. Therefore, in the above cases, both parties transferred the proprietary technology rather than the patent application right (the biggest difference between proprietary technology and patented technology lies in whether a patent application was filed with the State Patent Office). So when transferring the right to apply for a patent, don't forget to register with the state patent administration department after concluding a written contract according to law! You must know two things about the transfer of patent application right, so that's all. If you have more questions about patent transfer, you can continue to pay attention to Bajie Intellectual Property or contact us by phone.