When is the effective time of patent transfer calculated?

When is the effective time of patent transfer calculated? The transfer of patent right needs to be finally submitted to the Intellectual Property Office according to the signing of the contract, so when does the effective time of patent right transfer start? When is the effective time of patent transfer calculated? When is the effective time of patent transfer calculated? The transfer of the patent right shall take effect as of the date of registration by the patent administrative department of the State Council. Where the right to apply for a patent or the patent right is transferred in the third paragraph of Article 10 of the Patent Law, the parties concerned shall conclude a written contract, which shall be registered with the patent administration department in the State Council and announced by the patent administration department in the State Council. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration. When is the effective time of patent transfer calculated? To transfer the right to apply for a patent, the parties concerned must conclude a written contract, which will take effect after being registered and announced by the Patent Office. There are different opinions on whether registration and announcement are the effective conditions of the patent right transfer contract or the effective conditions of the transfer behavior. One view is that registration and announcement are the effective conditions of the patent right transfer contract. Without registration and announcement, the transfer contract is invalid and not binding. Another point of view is that according to the principle of freedom of contract, the transfer contract is valid, but the transfer of patent right is not effective without registration and announcement, that is, the patent right has not been actually transferred, and the contract assignee cannot become the new patentee. However, the contract is still binding on both parties, and the breaching party shall bear the liability for breach of contract. Because the patent law is not clear about this, both views have some truth. However, no matter which viewpoint is adopted, a conclusion can be drawn; Without registration and announcement, the patent right will not be really transferred, and the assignee will not really enjoy the patent right. This point, the parties to the patent right transfer (especially the assignee) should pay special attention to. Because registration and announcement are the conditions for the transfer to take effect, and in practice, the announcement often lags behind the registration, so the transfer of patent right cannot occur after the parties perform the registration procedures and before the announcement. In view of these two problems, the Patent Law, which was revised for the second time on August 25th, 2000, stipulates that if 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, 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. We have thus made it clear that registration is the condition for the patent right transfer to take effect. After registration, the patent right will be transferred. The announcement is for the convenience of the public to know the status of the patent right and has no influence on the transfer of the right. Of course, the public can also consult the relevant register to keep abreast of the legal status of patent rights. The above is the effective time of Bianxiao patent transfer. When did it start? For a detailed answer to this question and more patent questions, please consult Bajie Intellectual Property.