Related procedures and expenses of patent right transfer:
I. Materials to be prepared for patent right transfer
Patent transfer contract, statement of change of specification items and certificate of change.
Project change documents and materials refer to:
(1) If the applicant (or the patentee) requests a change due to a dispute over ownership transfer, and the dispute is settled through consultation, it shall submit a transfer agreement signed or sealed by all parties. If it is settled through mediation by the local intellectual property management department, a mediation letter issued by the department shall be submitted; If the dispute is determined by mediation or judgment of the people's court, it shall be submitted to the people's court for effective mediation or judgment. After receiving the judgment of the court of first instance, the examiner shall notify the other parties to confirm whether to appeal. If the examiner fails to reply or explicitly refuses to appeal within the specified time limit, the judgment shall be revised according to this judgment; If a party files an appeal, it shall submit a certificate issued by the people's court at a higher level, and the judgment of the original people's court shall have no legal effect; If the dispute is mediated or decided by an arbitration institution, an arbitration mediation book or an arbitration award shall be submitted.
(2) Where the applicant (or the patentee) requests changes due to the transfer or gift of rights, it shall submit the transfer or gift contract. The contract is concluded by the unit, which shall be stamped with the official seal of the unit or the special seal for the contract. When concluding a contract, a citizen shall sign or seal it. If there is more than one applicant (or patentee), the certification materials that all the obligees agree to transfer or donate shall be submitted.
(three) the transfer (or gift) of the right to apply for a patent (or patent right) involves foreigners, foreign enterprises or other foreign organizations, and shall comply with the following provisions:
(1) If both the transferor and the transferee are foreigners, foreign enterprises or other foreign organizations, a transfer contract signed or sealed by both parties shall be submitted.
(2) For an application for a patent (or patent) for invention or utility model, if the transferor is an individual or unit in Chinese mainland and the transferee is a foreigner, foreign enterprise or other foreign organization, the technology export license or free export technology contract registration certificate issued by the the State Council commerce department or the free export technology contract registration certificate issued by the local commerce department, and the transfer contract signed or sealed by both parties shall be submitted.
(3) If the transferor is a foreigner, foreign enterprise or other foreign organization and the transferee is an individual or unit in Chinese mainland, a transfer contract signed or sealed by both parties shall be submitted.
Where an individual or unit in the mainland of China is the same transferor as a foreigner, foreign enterprise or other foreign organization, and the transferee is a foreigner, foreign enterprise or other foreign organization, the provisions of Item (2) of this Article shall apply; Where an individual or unit in the mainland of China is the same transferee as a foreigner, foreign enterprise or other foreign organization, and the transferor is a foreigner, foreign enterprise or other foreign organization, the provisions of Item (3) of this Article shall apply.
Individuals or units in Chinese mainland and individuals, enterprises or other organizations in Hongkong, Macao or Taiwan Province are the same transferor, and the transferee is a foreigner, foreign enterprise or other foreign organization, which shall be handled with reference to the provisions in Item (2) of this Article; Individuals or units in mainland China and individuals, enterprises or other organizations in Hongkong, Macao or Taiwan Province Province are the same transferee, and the transferor is a foreigner, foreign enterprise or other foreign organization, which shall be handled with reference to the provisions in Item (3) of this Article.
If the transferor is an individual or unit in Chinese mainland and the transferee is an individual, enterprise or other organization in Hongkong, Macau or Taiwan Province Province, it shall be handled with reference to the provisions in Item (2) of this item.
(4) If the applicant (or patentee) is a unit and requests to change due to its merger, division, cancellation or change of organizational form, it shall submit the certification documents issued by the registration administration department.
(5) Where the applicant (or patentee) changes due to the request for inheritance, it shall submit a notarized certificate that the party concerned is the only legal heir or that the party concerned has included all legal heirs. Unless otherwise specified, the patent application right (or patent right) is inherited by the * * * successor.
(6) Where the right to apply for a patent (or patent right) is changed due to auction, a legally effective certificate shall be submitted.
(7) Where the patent right is transferred during the pledge of the patent right, in addition to the documents required for the change, the documents that both parties to the pledge agree to the change shall also be submitted.
Second, the cost of the patent transfer procedure.
1. official fee: the fee for recording the change of the project (200 yuan) shall be paid within one month from the date of request.
2. Agency fee. If it is handled through an intermediary agency such as a patent agency, please refer to the agency fee for the charging standard.