Transfer by searching patent agency and online platform, such as E-Branch. Com technology platform and China application technology network, and guide investors to buy patents and other highly praised tripartite cooperation modes.
Pay attention to the following points when transferring patents:
1. Evaluate your own patent value correctly. Too high a price will scare away investors.
2. The technology is mature, and there are samples and related videos for investors to see.
3. Have a detailed plan and write a related plan.
4. Patents have been authorized, and unauthorized patents are generally not transferred.
Matters needing attention when transferring:
1. The creditor may assign all or part of its rights under this contract to a third party, except for the following circumstances:
(a) according to the nature of the contract shall not be transferred;
(two) according to the agreement of the parties shall not be transferred;
(3) It shall not be transferred according to law.
Where the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor.
The notice of the creditor's transfer of rights shall not be revoked, except with the consent of the transferee.
Where the obligee transfers its rights, the assignee obtains the subordinate rights related to the obligee's rights, except that the subordinate rights belong exclusively to the obligee.
After receiving the notice of assignment of creditor's rights, the debtor may claim the assignor's defense against the assignee.
When the debtor receives the notice of assignment of creditor's rights, the debtor enjoys the creditor's rights against the assignor, and if the debtor's creditor's rights expire before or at the same time as the assigned creditor's rights, the debtor may claim set-off from the assignee.
2. If the debtor transfers all or part of its contractual obligations to a third party, it shall obtain the consent of the creditor.
If the debtor assigns the debt, the new debtor may claim the defense of the original debtor against the creditor.
If the debtor transfers the debt, the new debtor shall bear the subordinate debt related to the main debt, except that the subordinate debt belongs exclusively to the original debtor.
Where laws and administrative regulations stipulate that the transfer of rights or obligations shall go through the formalities of approval and registration, such provisions shall prevail.
With the consent of the other party, one party may transfer its rights and obligations in the contract to a third party.
procedure
Step 1: Find the way of patent transfer.
This is the most basic link in the process of patent transfer, and it is also very easy to realize. In fact, there are many ways to call patent transfer. For example, it can be transferred on the patent website, entrusted to a patent agency, or even found by yourself.
Step 2: The patent assignor and the patent assignee sign a patent assignment contract.
This is a key step in the process of patent transfer. After the patent transferor and the transferee reach an agreement, the subsequent transfer-related work can be effectively carried out. In the transfer contract, there should be clear words about the interests of both parties.
Step 3: Both parties should prepare the relevant documents required for patent transfer, and these documents should be filled out in strict accordance with the prescribed forms, so as to shorten the time for China National Intellectual Property Administration to review documents and speed up the review.
Step 4: Entrust a patent agency to submit relevant documents to the Patent Office.
This is an important part of the patent transfer process. Because only after the patent office has passed the examination, the patent transfer has a legal basis. Therefore, in this process, the entrusted patent agency will play an important role, and choosing the right patent agency is also a detail that cannot be ignored in this process.
Step 5: Wait for the result of patent transfer.
The patent office will inform the examination result when it examines it. If approved, the patent office will generally issue a notice of patent transfer within 2 to 6 months. Relevant change results can be found in China National Intellectual Property Administration Patent Library.