Several problems that must be understood in the transfer of patent right;
(1) Transfer of ownership The transfer of patent right refers to the transfer of ownership. After the transfer, the original patentee loses the exclusive right and the transferee becomes the new patentee. This is different from the patentee allowing others to exploit his patent.
(2) The whole transfer of patent right can only be the whole transfer of right. Because patents involve inventions, the object of patents is monomer. It can not only transfer the patent right of a specific technical application of an invention in a certain area of the national territory, or only transfer the patent right of a specific technical application of an invention, but should transfer the patent right as a whole, which is different from patent licensing.
(3) The transfer of the patent right held by the unit shall be subject to the examination and approval of the patent right transfer, and it shall be free to the collectively owned units or individuals, and in principle, it may be decided by itself. However, because the patents held by units owned by the whole people belong to the whole people, their patent transfer must be approved by the higher authorities. Where a unit owned by the whole people transfers a patent right to a foreigner, it must also report to its superior unit and report to the State Council for approval.
(4) Patent transfer by contract, except for a few cases of free additions, is mostly realized through sales contracts. According to this contract, the owner (seller) assigns the patent right to the transferee (buyer), and the transferee pays the agreed price when accepting the patent right.
(V) Procedures for Patent Right Transfer The patent right transfer must go through certain procedures, and the transferor and transferee must conclude a written contract, which can only take effect after being registered and announced by the Patent Office.
2. The right to use the patent can be transferred by several people at the same time.
3. Transfer of patent application right