Change procedure of patentee
(1) Materials to be prepared
Patent right transfer contract and statement of change of specification items.
1. Fill in the patent transfer contract.
2. Fill in the "Description of Project Change Declaration".
Fill in the Declaration Form for Change of Descriptions, and provide supporting materials for change of Descriptions. Project change documents and materials refer to:
1. If the right of the applicant or patentee is transferred due to the dispute over the ownership of the right, and the inventor is changed due to the dispute over the qualification, if the dispute is resolved through consultation, a right transfer agreement signed or sealed by all parties shall be submitted;
If the dispute is determined by a judgment of the people's court, it shall be submitted to a legally effective judgment of the people's court. After receiving the written judgment, the Patent Office shall notify other parties to inquire whether to file an appeal. If there is no reply or no appeal within the prescribed time limit (two months), the judgment will take legal effect; If a party files an appeal, it shall issue a notice of acceptance of the appeal, and the original judgment of the people's court will never take legal effect.
If the dispute is decided through mediation by the local intellectual property office (or the corresponding functional department), the Patent Office shall notify other parties to inquire whether to bring a lawsuit to the court after receiving the mediation decision; If there is no reply or prosecution within the prescribed time limit (two months), the mediation decision will take legal effect; If a lawsuit is filed, the parties concerned shall issue a notice of court acceptance, and the original mediation decision shall have no legal effect.
2. The patent applicant or patentee requests to change the patent applicant or patent due to the transfer or gift of rights.
The owner must submit the original or notarized copy of the transfer or gift contract; When a contract is concluded by a legal person, it must be signed or sealed by the legal representative or authorized person, and stamped with the legal person's official seal or special seal for the contract;
Submit notarized documents when necessary. When concluding a contract, a citizen shall sign or seal it; Submit notarized documents when necessary.
Where there is more than one patent applicant or patentee, the certification materials that all the obligees agree to transfer or give shall be submitted.
The transfer of patent application rights or patent rights involving overseas residents or legal persons shall comply with the following provisions:
(1) If both the transferor and the transferee are overseas residents or legal persons, the original transfer contract signed by both parties must be submitted to the Patent Office.
Copy or notarized copy;
(2) If the transferor belongs to a legal person or individual in Chinese mainland and the transferee belongs to an overseas resident or legal person, a the State Council certificate must be issued.
The approval document of 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, and the original or notarized copy of the transfer contract signed by the transferor and the transferee;
(3) If the transferor belongs to an overseas resident or legal person and the transferee belongs to a legal person or individual in Chinese mainland, a copy must be issued to the Patent Office.
The notarized original of the transfer contract signed by Party A;
(4) The procedures for changing the above-mentioned patent application right or patent transfer specification must be handled by the applicant or patentee of the assignor.
Or its entrusted patent agency.
The overseas residents or legal persons mentioned in the above (1)-(3) refer to foreigners and foreign state-owned enterprises that have no habitual residence or business office in Chinese mainland.
Industry, Hong Kong, Macao and Taiwan residents or legal persons; China residents or legal persons who have their habitual residence or business office in Chinese mainland may apply for patent application and patent transfer in accordance with regulations.
3, the applicant or the patentee is a legal person, caused by its merger, reorganization, division, revocation, bankruptcy or restructuring.
A legally binding document must be issued to record the changes of the project.
4. If the applicant or patentee inherits due to death, it shall be submitted to the notary office for issuance, and the party concerned is the only legal party.
The heir or the party concerned has included all the certificates of legal heirs.
Unless otherwise specified, the * * * successor shall * * inherit the patent application right or patent right.
(2) Procedures to be executed
Patent right is also a kind of property right. According to Article 10 of the Patent Law, "both the patent application right and the patent right can be transferred".
Procedures for patent application right or patent right transfer:
1. Where an individual or unit (including units owned by the whole people and collectively) in China transfers the patent application right or patent right to a foreign country, it must be approved by the State Patent Office;
2. The transferor of the patent application right or patent right shall sign a written Transfer Contract with the transferee in accordance with the Patent Law and relevant laws;
3. Must apply to the patent administration department for identification registration;
4. Submit the Assignment Contract and Statement of Change of Description Items to the State Patent Office, and pay the fees at the same time. The transfer of the right to apply for a patent or the patent right shall take effect after the State Patent Office announces it in the patent bulletin.
(3) Charge
1. Official fee. Payment of recording project change fee (200 yuan) shall be made within one month from the date of request.
2. Agency fee. If it is handled through an intermediary agency such as the Patent Office, please refer to the agency fee for the charging standard.
4. Office
Can be handled directly in China National Intellectual Property Administration, but also to the relevant provincial institutions in China National Intellectual Property Administration.