According to China's current patent law and other relevant laws, patent transfer refers to a contract in which the patentee, as the transferor, transfers the ownership or controlling right of his invention-creation patent to the transferee, and the transferee pays the agreed price. The party who obtains the patent right through the patent right transfer contract becomes a new legal patentee, and may also conclude a patent transfer contract and a patent licensing contract with others.
Second, what problems should be paid attention to in patent transfer?
1, avoid blindly expanding the patent value-for the pre-tender estimate of patent right transfer, it should be based on the principle of being able to clinch a deal, otherwise the cooperation is likely to fail;
2. Don't make a quick decision-patent transfer is a legal procedure, so it is recommended to entrust relevant professionals (such as lawyers) to carry out relevant operations, and don't sign contracts casually;
We should put cooperation in the first place-the purpose of patent development is not only to affirm ourselves, but also to benefit society and contribute to life. A patented technology with a certain technical content and market capacity can only be technology before it is transformed into the productivity of the grand event. Therefore, industrialization is the highest standard for the benefit of society and mankind. It is also necessary to make concessions to some extent and lower some pre-tender estimate. After all, cooperation requires the sincerity of both parties.
4. Keep relevant records-keep records of the transfer process as much as possible, which is very important for subsequent problems and income distribution;
5. Before the transfer, don't easily carry out operations such as value evaluation, especially according to the requirements of the other party. If it is really necessary to conduct an assessment, try to clarify the principle and proportion of the assessment fee to avoid being deceived;
6. Before the handover procedures are completely completed, don't easily deliver specific information such as technical data and related drawings;
7. When the patent right belongs to more than two patentees, sometimes, if one party transfers its unique patent right, the other party can get its share first.