What is the change process of the patentee? First, fill in the "Declaration Form for the Change of Filing Projects" and provide proof materials for the change of filing projects. Reference of documentary project change certification materials: 1. If the applicant or patentee transfers his rights due to a dispute over the ownership of his rights, and the inventor changes his rights due to a dispute over his qualifications, and the dispute is resolved through consultation, he shall submit a rights transfer agreement signed or sealed by all parties; If the dispute is determined by a judgment of the people's court, it shall be submitted to a legally effective judgment of the people's court. After receiving the written judgment, the Patent Office shall notify other parties to inquire whether to file an appeal. If there is no reply or no appeal within the prescribed time limit (two months), the judgment will take legal effect; If a party files an appeal, it shall issue a notice of acceptance of the appeal, and the original judgment of the people's court will never take legal effect. If the dispute is decided through mediation by the local intellectual property office (or the corresponding functional department), the Patent Office shall notify other parties to inquire whether to bring a lawsuit to the court after receiving the mediation decision; If there is no reply or prosecution within the prescribed time limit (two months), the mediation decision will take legal effect; If a lawsuit is filed, the parties concerned shall issue a notice of court acceptance, and the original mediation decision shall have no legal effect. 2. Where the patent applicant or patentee requests to change the patent applicant or patentee because of the right transfer or gift, the original or notarized copy of the transfer or gift contract must be submitted; When a contract is concluded by a legal person, it must be signed or sealed by the legal representative or authorized person, and stamped with the legal person's official seal or special seal for the contract; Submit notarized documents when necessary. When concluding a contract, a citizen shall sign or seal it; Submit notarized documents when necessary. Where there is more than one patent applicant or patentee, the certification materials that all the obligees agree to transfer or give shall be submitted. 3. If the applicant or patentee is a legal person, a legally binding document must be issued for the explanation of project changes caused by its merger, reorganization, division, revocation, bankruptcy or restructuring. 4. If the applicant or the patentee inherits due to death, it shall submit the certificate issued by the notary office that the relevant party is the only legal heir or that the relevant party has included all legal heirs. Unless otherwise specified, the * * * successor shall * * inherit the patent application right or patent right. The change fee for describing the project shall be paid within one month from the date of the request; The transfer of patent application rights or patent rights involving overseas residents or legal persons shall comply with the following provisions: (1) If both the transferor and the transferee are overseas residents or legal persons, the original or notarized copy of the transfer contract signed by both parties must be submitted to the Patent Office; (2) If the transferor is a legal person or individual in Chinese mainland, and the transferee is an overseas resident or legal person, the approval document of the competent foreign economic relations and trade department of the State Council in conjunction with the administrative department of science and technology of the State Council, and the original or notarized copy of the transfer contract signed by the transferor and the transferee; (3) If the transferor belongs to an overseas resident or legal person and the transferee belongs to a legal person or individual in Chinese mainland, the original notarized transfer contract signed by both parties shall be issued to the Patent Office; (4) The procedures for changing the above-mentioned patent application right or description items of patent right transfer must be handled by the applicant or patentee of the assignor or the patent agency entrusted by him. The overseas residents or legal persons mentioned in (1)-(3) above refer to foreigners, foreign enterprises, residents of Hong Kong, Macao and Taiwan or legal persons who have no habitual residence or business office in Chinese mainland; China residents or legal persons who have their habitual residence or business office in Chinese mainland may apply for patent application and patent transfer in accordance with regulations.
Legal objectivity:
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. Article 34 of the Patent Law of People's Republic of China (PRC) * * * After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, shall immediately publish it after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.