How long does it take to transfer the patent?
When transferring the patent right, it is necessary to submit the patent right transfer agreement, which shall be signed by the transferor and the transferee, and at the same time, submit the changes of the description items of the corresponding patent to China National Intellectual Property Administration. The transfer of the right to apply for a patent or the patent right shall take effect after being announced in the patent gazette by the state patent administration organ. The duration is about 1-2 months.
Can the patent application right be transferred? The right to apply for a patent. When will the patent take effect?
Of course. To transfer the right to apply for a patent, a transfer contract shall be signed first, and then the registration formalities shall be handled in the patent office, which shall make an announcement, and the contract shall take effect as of the date of registration.
A patent transfer contract refers to a contract in which the transferor transfers the right to apply for a patent for invention to the transferee, and the transferee pays the agreed price. The main clauses of the patent right transfer contract include: contract name, invention name, invention type, inventor or designer, list of technical data and data, responsibility for rejecting patent application, price and payment method, calculation method of liquidated damages and dispute settlement method.
Procedures for transferring the right to apply for a patent or the patent right:
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 provisions of the Patent Law and relevant laws;
3. You must apply to the patent administration department for registration;
4. A declaration form for the change of the assignment contract and specification items shall be submitted to the State Patent Office, and the fees shall be paid at the same time. The transfer of the right to apply for a patent or the patent right shall take effect after being announced in the patent gazette by the state patent administration organ.