After the patent application, it can be transferred for sale. Patent transfer refers to a contract in which the patentee, as the transferor, transfers the ownership or holding right of his invention-creation patent to the transferee, and the transferee pays the agreed price. During the transaction, you need to submit the corresponding information according to the stipulated transfer process, otherwise it will not be recognized.
Patent transfer information
Information required for patent transfer, including identity information and personal information of both parties or business license, patent information certificate and patent transfer contract; If you entrust a patent agency, you only need to prepare a power of attorney for patent transfer.
What are the legal procedures for patent transfer?
1. Signing a patent transfer contract Both parties shall sign a patent transfer contract through consultation. This contract shows that both parties have reached an agreement on patent transfer, which is an essential element of patent transfer.
2. For the patent transfer that describes the project change procedures, the procedures for describing the project change shall be handled in China National Intellectual Property Administration, and a statement describing the project change shall be submitted.
3. The transfer of the patent right of the patent transfer submission materials will lead to the change of the patent right. Where the original patentee requests a change, it is necessary to submit a patent transfer contract and a statement on the change of specifications.
4. The recording project change fee shall be paid within one month from the date when the handling fee is paid to China National Intellectual Property Administration.
5. After China National Intellectual Property Administration accepted it, China National Intellectual Property Administration accepted and examined the patentee's application. If the examination and approval is passed, the examination and approval document shall be made and the applicant shall be notified; If the examination is unqualified or not approved, it shall inform the applicant in writing and explain the reasons, and inform the applicant of the relevant rights and remedies.
According to Article 10 of the Patent Law: "To transfer the right to apply for a patent or the patent right, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration. "
According to the above provisions, the transfer of patent right or patent application right can only take effect after registration. If both parties only sign a patent application right or a patent transfer contract and are not registered in China National Intellectual Property Administration, the patent application right or patent right will not be transferred.
So this patent should not be transferable.
The above reference, I hope to help you.