The specific process is as follows:
Submit a declaration form, usually a declaration form for filing project changes, and you can go to China National Intellectual Property Administration to submit it. Pay attention to be careful when filling in the declaration form, don't make mistakes, and be consistent with the contents of the materials submitted later. After submitting the declaration, you need to submit proof materials. Because it involves the transfer of utility model patents, it is inevitable to provide the transfer contract signed by both parties, and you need to provide the original. If you provide a legally notarized copy, it is also possible. If a patent has multiple patents, the transfer must be approved by all the rights holders, so it is necessary to provide proof that all the rights holders agree to the transfer. After submitting the materials, the property management office will verify the contents of the materials. After verification, the patent will be transferred and the contents of the recorded project will change. However, the applicant must pay the fee within one month after submitting the transfer declaration.
Matters needing attention in signing utility model patent transfer contract;
The transfer of a patent necessarily requires the signing of a transfer contract. The transferor who transfers the patent first must have the ownership of the transferred patent. Without ownership, it cannot be transferred. If the transferred patent is owned by a company, enterprise or organization rather than an individual, it can be transferred only after it is approved by the competent department. If the patent is to be transferred to other countries or foreigners, the requirements are even stricter. Only with the consent and instructions of the State Council can the transfer contract be signed. After the assignment contract comes into effect, the rights and obligations of the assignor for the patent are transferred to the assignee.
However, it should be noted that the assignee of patent transfer has strict requirements. The transferee shall not obtain a patent for the purpose of monopolizing technology. If the transfer is made for this purpose, it may not pass. The transferee shall not let the third party enjoy the patent obtained from the transfer and charge the third party, otherwise it shall have the right to declare the transfer contract invalid and claim compensation. When transferring the patent, the transferor cannot say that the rights and obligations can be transferred by signing the transfer contract, but must also deliver the technical knowledge related to the transfer of the patent, and ask for guidance to the transferee. In another case, the transferor signed a patent licensing contract with others before the transfer (except the patent transfer contract). Where the patent is transferred, the original contract is still valid, and the rights and obligations stipulated in the original contract are transferred to the transferee.
With the development of national education, there are more and more patents in our country, and the country pays more and more attention to patent protection, and the legal system construction and system management in patent protection are becoming more and more perfect. Many individuals have patent rights, but it is difficult for them to promote their own patents and popularize them to the masses. Therefore, many people choose to start their own businesses or find other companies to transfer their patents, and they must pay attention to protecting their legitimate interests during the transfer process.