The transfer of the patent right shall be carried out in accordance with the following procedures:
1. Submit the patent transfer contract signed by the legal representatives of both parties, the identity certificates of the patentee and assignee, the copies of the patent certificate and legal status certificate, the letter to terminate the employment relationship with the original agency, the new power of attorney of the assignee and the original industrial and commercial change certification materials.
2. China National Intellectual Property Administration charges 200 yuan for changing records.
3. China National Intellectual Property Administration Patent Office will complete the examination and issue the registration announcement within 3-5 months.
4. The transfer of the patent right shall take effect as of the date of registration and announcement in China National Intellectual Property Administration.
Extended data
Legal basis:
Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.
Units or individuals applying for patents and handling other patent affairs in China may entrust a legally established patent agency to handle them.
Patent agencies shall abide by laws and administrative regulations, accept the entrustment of clients, and handle patent applications or other patent affairs; The contents of the client's invention and creation shall be kept confidential, except that the patent application has been published or announced. Specific measures for the administration of patent agencies shall be formulated by the State Council.
Any unit or individual that applies to a foreign country for a patent for invention or utility model completed in China shall file a confidentiality review with the patent administration department of the State Council in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council.
Units or individuals in China may file an international patent application in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party. The applicant who files an international application for a patent shall abide by the provisions of the preceding paragraph.
The patent administration department of the State Council shall handle international patent applications in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party, this Law and the relevant provisions of the State Council.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Patent Law (Laws and Regulations)