Do I need to apply for patent transfer?

The transfer and change of patent application right (or patent right) need to go through the formalities of description item change. If there is an agency, the agency shall go through the formalities for change.

(1) The change shall be put forward using the Statement of Change of Description Items uniformly produced by the Patent Office.

(2) Pay the change fee for the recorded project as required. In the patent fee standard published by the Patent Office, the description change fee refers to the fee for each patent application to declare the description change. Unless otherwise specified, the change fee for describing the project shall be paid within one month from the date of making the request; If it is not paid or paid in full at the expiration of the period, it shall be deemed that it has not submitted a declaration explaining the change of the project. 200 yuan for the change fee of the applicant and the patentee.

(3) Submit the original documents at the same time:

Where the applicant (or patentee) requests to change due to the transfer or gift of rights, it shall submit the transfer or gift contract. The contract is concluded by the unit, which shall be stamped with the official seal of the unit or the special seal for the contract. When concluding a contract, a citizen shall sign or seal it. If there is more than one applicant (or patentee), the certification materials that all the obligees agree to transfer or donate shall be submitted.

For the transfer of a patent (or application) for invention or utility model, if the transferor is an individual or unit in Chinese mainland, the transferee is a foreigner, foreign enterprise or other foreign organization, or the transferee is an individual, legal person or other organization in Hongkong, Macao and Taiwan Province, a technology export license or a free export technology contract registration certificate issued by the the State Council commerce department or a free export technology contract registration certificate issued by the local commerce department shall be issued.

(4) If the transferee is a foreigner, foreign enterprise or other foreign organization, or the transferee is an individual, legal person or other organization from Hongkong, Macao and Taiwan Province Province, it shall entrust an agency and submit a power of attorney for patent agency. In case of agency change, 50 yuan shall pay the agency change fee.

(5) If the transferee is a unit and has not entrusted an agency, it shall fill in the contact person in the statement of project change in the specification. The contact person is the recipient who received the letter from the Patent Office, not the unit. The contact person should be the staff of the unit.