Patent transfer refers to a contract in which the patentee, as the transferor, transfers the ownership of his invention-creation patent to Du or transfers the controlling right of Zhizhi to the transferee, and the transferee pays the agreed price. The party who obtains the patent right through the patent right transfer contract becomes a new legal patentee, and may also conclude a patent transfer contract and a patent licensing contract with others.
What are the ways of patent transfer?
Patent transfer in China usually takes the following three forms:
1, overall patent transfer, implementation of exclusive license, so-called patent ownership transfer, 10 years of independent property rights. If the patentee (inventor) transfers the whole patent to an enterprise, the inventor (patentee) only has the right of invention after the two parties sign the transfer contract.
2. The exclusive license for patent exploitation means that the enterprise buys out the patent, and only the patentee and domestic enterprises can use the technology, and the patent cannot be transferred to a third party again.
3. The general license for patent exploitation means that the patentee authorizes an enterprise or individual to produce the patent, or may authorize multiple enterprises or individuals to produce the patent.
What are the steps for the patent applicant to transfer?
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.
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