The difference between patent transfer and authorized use
1. The concepts of patent transfer and patent authorization are different. Patent transfer refers to the transfer of patented technology, and authorization refers to the way to grant patented technology to someone for use after the consent of the patentee; The patent law stipulates that unless the patent right itself has expired, the patented technology may not be used without the permission of the patentee.
2. Patent technology transfer is an intellectual property transaction. Technology transfer can be understood as technology trading or buying and selling technology. In other words, once the patent is transferred, it is equivalent to selling the technology, so the related licensing issues in the future have nothing to do with the original patentee, and the patented technology already belongs to others. Patent licensing is different, just licensing the patent to others.
3. The way of patent authorization is only to allow someone to use our patented technology, and it can't be used after it expires; Generally speaking, someone gave us some compensation and asked us to use our patent for them at a certain time, and we agreed with the money. Of course, the patentee needs to write down all the precautions in the contract.
When transferring patents, many people want to ask: Is the transfer of invention patents legal? According to the provisions of the patent law, both the right to apply for a patent and the patent right can be transferred. Therefore, these rights are similar to general property rights, and the obligee can dispose of them at will within the scope prescribed by law, and transferring these rights to others is one of the ways of disposition.
To transfer the right to apply for a patent or the patent right, a written contract must be concluded. Moreover, the parties should submit a copy of the contract to the China Patent Office, which will take effect only after it is registered and announced by the Patent Office.
The right of authorship and the right of moral award enjoyed by the inventor or designer are not transferred at the same time. That is to say, after obtaining the patent application right or patent right, the assignee does not become an inventor or designer, nor does it enjoy the honor of an inventor or designer. Because these rights belong to personal rights and are inseparable from the person of the inventor or designer. Therefore, it cannot be transferred, nor can it be transferred by other means such as inheritance.
Frequently asked questions: What materials should I prepare to apply for a patent?
The above is the difference between patent transfer and authorized use. Is the transfer of invention patent legal? Whether for individuals or enterprises, the role of patents is enormous, but it takes too long to apply for patents, even if it takes more than one year to find an agency, and many problems will be encountered during this period. Comparatively speaking, patent transfer is more convenient and fast.