What are the risk points of patent technology transfer and how are they stipulated?

1, confirming the types and legal status of patent rights According to the provisions of China's patent law, patents include inventions, utility models and designs. Because the authorization of utility model and design patents has not been substantially examined, the "stability" of their patents is relatively weak compared with invention patents. Therefore, the transferee should fully understand the types of the transferred patent right, weigh the potential risks of the transfer, and ask the patentee to provide the search report issued by China National Intellectual Property Administration when necessary. At the same time, the transferee shall also search the legal status of the patent to be transferred to confirm whether the patent to be transferred is a valid patent and confirm the remaining effective life of the patent.

2. Pay attention to the identity of the patentee and assignee. For the transferee, it is necessary to pay attention to whether the transferor of the patent right is the legal holder of the patent, whether there are other people in the patent right, whether the patent is a service invention, and whether the transferor of the patent right is a state-owned enterprise. If it is a state-owned enterprise, it needs to go through the formalities for the transfer of state-owned assets in accordance with the provisions of the State-owned Assets Law of China. Some technologies involved in patent rights may be of great significance to national interests, and if such technologies are transferred to foreigners, it may bring adverse effects to China's national interests. Therefore, according to the provisions of China's patent law, if a Chinese unit or individual transfers a patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with relevant Chinese laws and administrative regulations. The "laws and administrative regulations" mentioned in China's patent law mainly refer to foreign trade law and technology import and export management regulations.

3. A formal written transfer contract shall be signed. Patent right is actually a kind of property right, but the invention as the object of patent right is intangible and cannot be actually possessed like tangible property. Therefore, the ownership of the patent right shall be subject to the place of registration in China National Intellectual Property Administration. Therefore, China's patent law stipulates that the parties to the patent right transfer shall conclude a written transfer contract and register it in China National Intellectual Property Administration in time. At the same time, it should be noted that the transfer of patent rights takes effect from the date of registration.

4. Clear the treatment method after the patent is invalid. Article 47 of China's patent law stipulates that an invalid patent does not exist from the beginning. The performed patent transfer contract has no retroactivity, and the patent transfer fee is not returned, but it obviously violates the principle of fairness and should be returned in whole or in part.