To transfer the right to apply for a patent, a transfer contract shall be signed first, and then the registration formalities shall be handled at the Patent Office, which shall make an announcement. This contract shall come into effect as of the date of registration.
A contract for assignment of patent application right refers to a contract in which the assignor assigns its patent application right for invention-creation to the assignee, and the assignee pays the agreed price.
The main clauses of the contract for the transfer of patent application right include: contract name, name of invention-creation, type of invention-creation, inventor or designer, list of technical information, responsibility for rejecting patent application, price and its payment method, calculation method of liquidated damages and dispute settlement method.
According to the Patent Law, if the right to apply for a patent is transferred, the parties concerned must conclude a written contract, which will take effect after it is registered and announced by the Patent Office. Written form, registration and announcement are the legal conditions for the entry into force of the patent application right transfer contract. Patent transfer contracts that are not signed in writing or registered and announced by the Patent Office are not protected by law.