What should be paid attention to in patent transfer?
When the transferor transfers a patent, the transferee shall check the time and area when the transferor authorizes others to use the patent and how long others can use the patent. According to the provisions of the patent law, after the patent is transferred, the parties to the contract signed when the assignor grants the patent to others will be changed to the assignee.
If the transferor has used the patent in the process of production, sale and operation, the transferee may negotiate with the transferor whether to let the transferor continue to use the patent or stop using the patent after the transfer contract is signed and takes effect. If this clause is not stipulated in the contract, then the transferor can no longer use the patent. If the transferor wishes to continue to use the patent, he may sign a patent licensing agreement with the transferee.
Will the patent transfer get the transfer certificate?
According to the law, the patent certificate is only issued once, and the patent certificate is not reissued when the patent right is transferred. The assignee may consult the announcement of the patent office and the patent register, or apply to the State Patent Office for a copy of the patent registration.
The Patent Office will register the utility model, invention and design patents after granting the patent right in the patent register. The registered patent-related documents are legally binding.
Relevant matters recorded in the patent register;
On judicial power
Transfer of patent right
The patent right was granted to the applicant.
Filing of contracts authorized by patent rights to others;
On the rescission, pledge and preservation of patent right.
Declare the patent invalid;
In real life, if you want to transfer a patent, it may take a long time, mainly through the examination procedure of the patent office, and in this process, you need to wait for the relevant staff to complete such a procedure.
legal ground
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical.
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.