Patent transfer fees
1. Official fees. The bibliographic item change fee (200 yuan) must be paid within one month from the date of request.
2． Agency Fees. If the application is handled through an intermediary agency such as a patent office, please refer to the agency fees for charging standards.
4. Offices for transferring patent rights
You can go to the State Intellectual Property Office to handle it directly, or you can go to the Shandong Provincial Agency of the State Intellectual Property Office to handle it.
Notes on Patent Transfer
Patent rights are exclusive rights granted by the state to inventors or assignees within a certain period of time for their inventions and creations. The patentee has the right to transfer his patent rights. The person who has transferred the patent right through the patent transfer contract is also the legal patentee and enjoys all the rights of the patentee. In addition to the provisions of my country's Patent Law and a series of related laws and regulations, the transfer of patent rights mainly involves legal fields such as the Contract Law. The transfer process can be said to be the process of contract negotiation. The following aspects should be paid attention to when transferring patent rights.
1． Pay attention to the issue of the right holder. It mainly depends on whether the transferor is the legal holder of the patent, whether there is a patent owner, whether there is a service invention nature, and whether there is an approval opinion for the patent of a state-owned enterprise.
2． Pay attention to the issue of the transferee. In particular, the transfer of patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities of the State Council.
3． Note that the transfer of patent rights must be registered and announced by the Patent Office to take effect according to legal regulations.
4. The name, nature, content and ownership status of the patent must be clearly stated in the patent transfer contract, and special attention should be paid to the protection period of the patent right.
5． The patent transfer contract must specify the implementation status of the patent before transfer and the possible consequences. There should also be a clear agreement on whether the transferor can continue to implement the technology under the patent after the patent is transferred.
6．
Pay attention to agreeing on the ownership of subsequent improved technical results.
7. Due to the special nature of patent rights that may be declared invalid, it is important to note that the legal consequences of invalidation and possible liability for breach of contract should be clearly stipulated in the contract. Patent transfer involves great commercial risks because it may be declared invalid. In the actual cases we operate, a series of disputes caused by invalidation are also relatively common. If the prior agreement is unclear, It is also more complicated to handle.