Patent transfer should first sign a transfer contract, and then go through the registration formalities in the patent office, which will make an announcement, and the contract will take effect from 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 process of patent transfer is not complicated, generally speaking, it is to draw up a contract, and then go to the patent office for registration and announcement. But the preparation before patent transfer is much more difficult.
Preparation process before patent transfer
1. The transferor will set a reasonable price for the patent to be transferred.
2. Select the transmission method
3. The assignor chooses the assignee
4. The assignor and the assignee discuss the terms of the contract, draft the contract, and determine the time for filing with the Patent Office.
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 data and materials, responsibility for rejecting patent application, price and its payment method, calculation method of liquidated damages, dispute settlement method, etc.
Which companies are you looking for in patent transfer?
Path 1 of patent transfer: participation in patent technology exhibition.
Participate in various patent technology exhibitions to increase patent exposure. The more people pay attention to the patents on display, the greater the probability of transfer and the richer the conditions. All kinds of technology trading activities are good ways to promote their patented products. However, you should also choose to participate in these activities, and try to choose exhibitions involving projects, technologies and funds.
The exhibition can be the exhibition of patented new products, trade fairs, trade fairs and other technical trading activities, and the publication and promotion of patented technologies in various technical trading activities.
The second way of patent transfer: transfer through online media.
The patentee publicizes the patent through the media and negotiates with investors on his own to promote the transformation of scientific and technological achievements. If you want to find companies willing to invest in patent projects and take risks, media publicity is one of the essential channels. To achieve good publicity effect, it is particularly important to choose the right media. Print media depends on its readership and circulation, and it is best to choose economic information media distributed nationwide. General enterprises will often pay attention to this kind of media, and the publishing area should not be too small, preferably on a banner, so it is easy to attract the attention of others.
Secondly, we should choose websites with high popularity and high click-through rate to make online media with low production cost, high speed, flexible change, wide spread and no time and space restrictions. In addition, interviewing investors through friends' introduction is also the most effective method of patent self-transfer, with a high success rate.
The third way of patent transfer: entrusting an intermediary agency.
Through an intermediary company. First, choose a formal and qualified intermediary company. You can check it on the website of the patent office. There is a special patent agency information page, which also contains the penalties for violations by regular patent agencies. In patent transfer, if an agency is entrusted, the agency shall handle the transfer registration formalities, and the applicant (assignor) only needs to provide the transfer contract. It is worth noting that when negotiating with the transferee, you must bring a lawyer who understands intellectual property rights and other related laws, and provide legal services for patent transfer throughout the process to protect the legitimate rights and interests in the transfer process.
Path 4 of patent transfer: intellectual property service platform
With the penetration of internet plus into all walks of life, there is a fourth way of patent transfer-buying and selling patents through the intellectual property network trading platform. As we all know, patents have long been commodities and can be bought and sold freely. The online patent trading platform can quickly and efficiently match the needs of the supply and demand sides because it gathers a large number of resources of the patent buyers and sellers. However, because there are many legal rights involved in patent transactions, there are still many lawyers who know the laws related to intellectual property rights to provide relevant legal services to protect the legitimate rights and interests of both parties during the transfer process.