Six problems needing attention in the process of patent transfer

Patent right is a kind of property right, which is naturally transferable. Many friends have many puzzling problems in the process of patent transfer. So today, Bian Xiao will introduce six major issues that need to be paid attention to in the process of patent transfer. Six problems needing attention in the process of patent transfer 1, patent implementation, licensing and disposal methods. Before the signing of the transfer contract, the assignor has already exploited the patent, and the transfer contract may stipulate that after the signing of the transfer contract takes effect, the assignor may continue to exploit or stop exploiting the patent. If there is no agreement in the contract, the transferor shall stop exploiting the patent. Before the signing of the transfer contract, the rights and obligations of the licensing contract that the transferor has permitted others to implement shall be transferred to the transferee from the effective date of the signing of the transfer contract. 2. Transfer fee and payment method. The patent right transfer fee involved shall be paid in one lump sum. From the effective date of the contract, or after the announcement of the Patent Office, the transferee shall remit all the transfer fees to the transferor's account, or remit them to the transferor in cash (or in person). The transfer fee of the patent right involved shall be paid by installments, and the transferee shall remit part of the transfer fee to the transferor's account from the effective date of the contract or after the announcement of the Patent Office; After the transferor has delivered all the materials, the transferee will remit the remaining transfer fee to the transferor (or pay it in person); Payment method is bank transfer (or collection, cash payment, etc. ), and the place of cash payment is generally the place where the contract is signed. 3. Revocation and invalidation of patent right. According to the relevant provisions of the Patent Law, if the patent right of the transferor is revoked or invalid after the establishment of the transfer contract, the transferor will not return the transfer fee and the transferee will not return all the information provided that there is no obvious violation of the principle of fairness and the transferor has not maliciously caused losses to the transferee. If the signing of the transfer contract clearly violates the principle of fairness, or the transferor intentionally causes losses to the transferee, the transferor shall return the transfer fee. When someone else requests the Patent Office to revoke the patent right, or requests the Patent Reexamination Board to declare the patent right invalid, or brings a lawsuit to the people's court against the decision of the Reexamination Board (about the invention patent), after the assignment contract is established, the transferee shall be responsible for the defense and bear the resulting request or litigation costs. 4. taxes and fees. If both the transferor and the transferee are China citizens or legal persons, the tax payable for the transfer fee involved in the transfer contract shall be paid by the transferor according to the tax laws of People's Republic of China (PRC) and the state. If the transferor is an overseas resident or unit, the transferor shall pay taxes to the China tax authorities in accordance with the National Tax Law of People's Republic of China (PRC) and the Income Tax Law of People's Republic of China (PRC) on Enterprises with Foreign Investment and Foreign Enterprises. 5. Breach of contract and claim (1). For the transferor: If the transferor refuses to deliver all the information stipulated in the contract and go through the patent transfer formalities, the transferee has the right to terminate the contract and demand the transferor to return the transfer fee and pay the liquidated damages. If the transferor fails to deliver the materials for handling the patent right transfer formalities to the transferee without justifiable reasons (including changing the recorded items to the Patent Office), it shall pay liquidated damages every week overdue. If it is overdue for two months, the transferee has the right to terminate the contract and demand the return of the transfer fee. (2) For the transferee: If the transferee refuses to pay the transfer fee, the transferor has the right to return all the information when requesting to terminate the contract, and demand compensation for its losses or payment of liquidated damages. If the transferee fails to pay the transfer fee, it shall pay liquidated damages for each overdue period. If it is overdue for two months, the transferor has the right to terminate the contract and demand payment of liquidated damages. 6. Dispute settlement method (1), friendly negotiation and self-settlement; (2) Apply for mediation to the patent administration authority in the place where the assignee is located or where the contract is signed, and bring a suit in a people's court if he refuses to accept the mediation result; (three) to bring a lawsuit to the people's court; (4) Request the Arbitration Commission for arbitration. This paper introduces six major problems that need attention in the process of patent transfer.