How to transfer patents, and what are the conditions for patent transfer?

Legal analysis: 1. Sign the transfer contract. A contract for assignment of patent application right refers to a contract in which the assignor assigns its patent application right for invention-creation to the assignee, and the assignee pays the agreed price. The main clauses of the contract for the transfer of patent application right include: contract name, name of invention-creation, type of invention-creation, inventor or designer, list of technical data and materials, responsibility for rejecting patent application, price and its payment method, calculation method of liquidated damages, dispute settlement method, etc.

2. The Patent Office announces that the contract will take effect from the date of registration.

3. In addition, it should be noted that if there are more than two patent applicants, the transfer of the patent application right must be agreed by all the right holders; Where a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved by the foreign economic relations and trade department of the State Council in conjunction with the administrative department of science and technology of the State Council.

For the transfer of the right to apply for a patent that has been registered in China National Intellectual Property Administration, you can request China National Intellectual Property Administration to issue a "Certificate of Transfer of the Right to Apply for a Patent". The certificate of transfer of patent application right is only issued to the right holder of patent application. To apply for the certificate of transfer of patent application right, you need to pay the corresponding fees and submit the corresponding documents according to the following circumstances:

1), when the applicant or agent applies for the certificate of transfer of patent application right, it is necessary to submit the "Request for Copy of Application Document" signed by the applicant or agent.

2) If the applicant handles it in person, he/she shall provide his/her identity certificate. If entrusting others, the identity certificate of the agent, the certificate of entrustment relationship and the identity certificate of the applicant shall be provided.

Legal basis: Article 10 of the Patent Law of People's Republic of China (PRC), the patent application right and patent right can be transferred.

Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.