Technical risks of patent transfer

There are two ways to transfer patent technology, one is that the patentee transfers the patent ownership to others, and the other is that the patentee licenses the patent to others. However, there are a series of key issues that affect the realization of licensing benefits, such as licensing implementation mode, geographical scope, time scope, cross-licensing, subordinate licensing, and subsequent improvement benefit sharing. At the same time, the licensing of patented technology also involves whether it is a simple patent licensing or technology transfer. These problems are generally ignored or even unknown by patentees and licensees in practice at present. The existence of these problems will not only harm the interests of patentees, but also harm the interests of licensees. Therefore, the transfer of patented technology is different from the sale of general tangible goods. In order to reduce and avoid the loss of interests of both parties in technology trading and the subsequent litigation, the transfer of patented technology should be regulated with the assistance and guidance of patent engineers. (2) The legal stability of patent assignment is well known. If a patent does not possess novelty and creativity, it shall be declared invalid according to law. In addition, there are many problems in the writing of patent application documents, which will also lead to the invalidation of patent rights. For such patents, it is often difficult to achieve monopoly market interests. Therefore, both the patentee and the purchaser of patented technology should pay close attention to the legal stability of patents and ask professional patent engineers to provide analysis and suggestions as much as possible. (3) Legal protection effect of the transferred patent According to the provisions of China's patent law, the scope of patent protection is based on patent claims. In reality, the claims and specifications of many patents are unscientific and inappropriate, which leads to a small scope of patent protection. However, it is easy for others to bypass the scope of patent protection and implement related technologies. Obviously, there is no way for such a patent to monopolize the market, and there is great investment risk for investors to buy such a patent award. Therefore, before the patent transaction, the legal protection effect of the traded patented technology should be solved, which is the face-to-face content of the technical risk of patent transfer.