What are the precautions in the process of patent transfer?

Patent transfer is to guide investors to buy patents by looking for enterprises or some entrepreneurial newspapers, patent agencies and online platforms, such as Baiteng Technology Mall and China Applied Technology Network, such as the widely acclaimed tripartite cooperation model. Patent transfer is a legal act that the patentee enjoys the right to apply for a patent and assigns the right to apply for a patent and the patent right to others. The parties to the assignment of a patent application or patent right must conclude a written contract, which will take effect after it is registered and announced by the Patent Office. Patent transfer includes many forms, such as sale, investment in shares, etc. So, what are the precautions in the process of patent transfer?

I. Matters needing attention in patent technology transfer

1. Pay attention to the validity of patents and technical secrets.

The validity of a patent is mainly reflected in that the transferred patent or the licensed patent should be within the validity period; Those who exceed the time limit are not protected by law. The effectiveness of technical secrets is mainly reflected in confidentiality, that is, they are not known to the public and are exclusive to all. If the technology is known to the public, it is not a technical secret, and of course there is no transfer problem.

2, the scope of the transfer or license

When transferring technology or licensing others to implement technology, the scope should be clearly defined. Optional clauses in the contract include: the patent transfer involves the change of the patentee, so its scope covers the whole country; If the patent is licensed, it should be clear in what field the patent can be used, and if it exceeds it, it will be a breach of contract; Where a technical secret is transferred, the transferor shall bear the responsibility of confidentiality, and its scope of use may be extended to the whole country or only a certain area.

3. Transfer fee agreement

Transfer fee includes transfer fee and use fee. Where the patent is transferred, the transferee shall pay the transfer fee. The transfer fee is calculated according to the actual value that the technology can produce, and usually a proportion is specified for easy operation. If permitted, the amount of transfer fee or use fee shall be considered according to the scope of use, production capacity and exclusivity. If the transferee fails to pay the royalties as agreed, it shall pay the royalties and liquidated damages as agreed; Those who fail to pay royalties or liquidated damages shall stop exploiting patents or using technical secrets, return technical materials and bear the liability for breach of contract.

4, the relevant technical data should be clearly agreed.

Technology is the subject of a technology transfer contract, and the relevant information of the technology should be clearly stated in the contract to facilitate performance. Technical related information includes: technical project name, main indicators, technical functions or uses, key technologies, production process, matters needing attention, etc. These data show the inherent characteristics of the technology and are effective, which is also the basis for the parties to calculate the use fee or transfer fee.

Patent is an intangible asset. Inventors can resell patents to obtain funds and convert intangible assets into cash. The state protects the inventor's patent right. Without the consent of the patentee, no individual or company may infringe upon or use the patent achievements. Bajie Intellectual Property Trademark Transfer Network is committed to providing professional and efficient one-stop service for enterprises, helping you to quickly establish an enterprise foundation and enhance your business during the enterprise development period. For details, please visit//.