For the transferee, it is necessary to pay attention to whether the transferor of the patent right is the legal holder of the patent, whether there are other patentees, whether the patent is a service invention, and whether the transferor of the patent right is a state-owned enterprise. If it is a state-owned enterprise, it needs to go through the formalities for the transfer of state-owned assets in accordance with the provisions of the State-owned Assets Law of China.
2. Confirm the type and legal status of patent right.
According to the provisions of China's patent law, patents include inventions, utility models and designs. Because the authorization of utility model and design patents has not been substantially examined, the "stability" of their patents is relatively weak compared with invention patents. Therefore, the transferee should fully understand the types of the transferred patent right, weigh the potential risks of the transfer, and ask the patentee to provide the search report issued by China National Intellectual Property Administration when necessary. At the same time, the transferee shall also search the legal status of the patent to be transferred to confirm whether the patent to be transferred is a valid patent and confirm the remaining effective life of the patent.
3. A formal written transfer contract shall be signed.
Patent right is actually a kind of property right, but the invention as the object of patent right is intangible and can't be actually possessed like tangible property, so the ownership of patent right is subject to the register of China National Intellectual Property Administration. Therefore, China's patent law stipulates that the parties to the patent right transfer shall conclude a written transfer contract and register it in China National Intellectual Property Administration in time. At the same time, it should be noted that the transfer of patent rights takes effect from the date of registration.
4, clear the way to deal with the invalid patent.
Article 47 of China's Patent Law stipulates that the patent that has been declared invalid does not exist from the beginning, and the patent transfer contract that has been performed is not retroactive, and the patent transfer fee will not be returned, but it obviously violates the principle of fairness and should be returned in whole or in part.