Belongs to the modern service industry. Income from the transfer of patent rights is property income.
Patent rights are property rights. Patent transfer means that the patentee, as the transferor, transfers the ownership or holding rights of his invention and creation patent to the transferee, and the transferee pays the agreed price. contract. The party who obtains the patent right through a patent transfer contract becomes the new legal patentee and can also enter into a patent transfer contract with others.
Patent implementation license contract, including transfer of patent application rights. Here we must distinguish between patent transfer and licensed patent. Licensed patent is to transfer part of the right to use the patent to others. What the patentee disposes of the patent right in the licensing contract is the right to use rather than the ownership. When transferring the patent right, the patent right What people dispose of is ownership. Therefore, income from the transfer of patent rights is property income.
Article 10 of the "Patent Law" stipulates that the right to apply for a patent and the patent right can be transferred. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations.
To transfer patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.