Introduction of Ten Points for Attention in Patent Transfer

Instructions for patent transfer 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. The party who obtains the patent right through the patent right transfer contract becomes a new legal patentee, and may also conclude a patent transfer contract, a patent licensing contract and a patent application right transfer contract with others. Today, I want to tell you ten things you should know about patent transfer. Brief introduction to the top ten notices of patent transfer 1. All patent application documents submitted by the transferor to the transferee to the China Patent Office, including specifications, claims, drawings, abstracts and abstract drawings, requests, statements of opinions, approval decisions on recording changes, restoration after loss of rights, power of attorney, etc. (If the application is PCT, it also includes all PCT application documents) All documents issued by the Chinese Patent Office to the transferor, including the acceptance notice. The patent exploitation license contract that the transferor has licensed others to exploit, including the annexes to the contract (i.e. the technology and process related to the exploitation of the patent) and the certification documents issued by China Patent Office that the patent right is valid. Refers to the recent annual patent fee payment certificate (or the Patent Office's Patent Law Register), and the decision made by the Chinese Patent Office, the Patent Reexamination Board or the people's court to maintain the validity of the patent right in the request for revocation or invalidation of the patent right. The approval document of the superior competent department or the relevant competent department of the State Council. Two. Time, place and method of delivery of materials The transferor shall submit all the above materials to the transferee by face-to-face, registered mail or air transportation, submit the list of materials to the transferee by face-to-face, mail or fax, and submit the air waybill to the transferee by face-to-face or mail. The delivery place of all materials is the location of the transferee or the place agreed by both parties. Three. Where the transferor has already exploited the patent before the signing of the contract for the transfer of patent exploitation and licensing and disposal measures, the transfer contract may stipulate that the transferor may continue to exploit or stop exploiting the patent after the signing of the transfer contract takes effect. If there is no agreement in the contract, the transferor shall stop exploiting the patent. Before the signing of the transfer contract, the rights and obligations of the licensing contract that the transferor has permitted others to implement shall be transferred to the transferee from the effective date of the signing of the transfer contract. 4. The patent right transfer fee and transfer fee involved in the payment method shall be paid in one lump sum. From the effective date of the contract or after the announcement of the Patent Office, the transferee shall remit all the transfer fees to the transferor's account, or remit them to the transferor in cash (or in person). The transfer fee of the patent right involved shall be paid by installments, and the transferee shall remit part of the transfer fee to the transferor's account from the effective date of the contract or after the announcement of the Patent Office; After the transferor has delivered all the materials, the transferee will remit the remaining transfer fee to the transferor (or pay it in person); Payment method is bank transfer (or collection, cash payment, etc. ), and the place of cash payment is generally the place where the contract is signed.