What problems should be paid attention to in patent use right?

Legal analysis: 1. Avoid blindly expanding the patent value. For the pre-tender estimate of patent right transfer, it should be based on the principle of being able to clinch a deal, otherwise the cooperation is likely to fail;

2. avoid being too fast. Patent transfer is a legal procedure. It is recommended that you entrust relevant professionals (such as lawyers) to carry out relevant operations, and do not sign contracts casually.

We should put cooperation in the first place. The purpose of patent development is not only to affirm oneself, but also to benefit society and contribute to life. A patented technology with a certain technical content and market capacity can only be technology before it is transformed into social productive forces. Therefore, industrialization is the highest standard for the benefit of society and mankind. We should also make some concessions to lower the pre-tender estimate to a certain extent. After all, cooperation requires the sincerity of both parties.

4. Make relevant records and record the transfer process as much as possible, which is very important for follow-up problems and income distribution; Before the transfer, don't easily carry out operations such as value evaluation, especially don't easily carry out such operations according to the requirements of the other party. If it is really necessary to conduct an assessment, try to clarify the principle and proportion of the assessment fee to avoid being deceived; Don't hand over technical data and related drawings and other specific materials easily before the handover procedures are completely completed.

Legal basis: Article 10 of the Patent Law of People's Republic of China (PRC), the patent application right and patent right can be transferred.

Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which 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.