A patent is the exclusive right of the patentee to his own intellectual property rights. If others use it, they must obtain their consent, and the patent is transferable. So, what materials and procedures are needed for patent transfer?
1. What materials need to be provided for patent transfer
1. A notification form for changes in bibliographic items.
2. The transfer contract or the notarization of the transfer contract.
3. Statement of dismissal of agency.
2. Procedures for patent transfer
Patent right is also a kind of property right. According to Article 10 of the Patent Law, "the right to apply for a patent and the patent right can be assigned". Procedures to be performed for the transfer of patent application rights or patent rights:
(1) The transfer of patent application rights or patent rights by individuals or units in my country (including units owned by the whole people and collectively owned units) to foreign countries must be approved by the national patent administration authority;
(2) The transferor of the patent application right or the patent right must sign a written "transfer contract" in compliance with the patent law and related laws with the transferee;
(3) Must go to the patent administration department to apply for confirmation and registration procedures;
(4) The "assignment contract" and the "declaration of changes to the bibliographic items" should be submitted to the national patent administration agency, and the fees should be paid at the same time. The transfer of the patent application right or the patent right will take effect after the national patent administration authority makes an announcement in the patent bulletin.
Precautions for signing a patent assignment contract
1. Does the patent assignor really have patent ownership?
The transfer of a patent should comply with the relevant provisions of the Patent Law. The transferor of the patent must have the ownership of the patent. If the patent is owned by an enterprise, it must be approved by the superior authority; if the patent is transferred to a foreigner (or abroad), it must be approved by the State Council. Approved and signed a patent assignment contract. The contract must be registered and announced by the Patent Office before it becomes effective. Once the patent assignment contract becomes effective, the rights and obligations arising therefrom will be transferred to the assignee.
2. Purpose of assignee's assignment of patent
The assignee must obtain patents for the promotion and application of patented technology, not for monopoly technology.
3. The content of the patent assignment contract
The patent assignor must ensure that the assignee obtains technical knowledge. Article 345 of the Contract Law stipulates that “the assignee of a patent license contract shall license the assignee to implement the patent and deliver the technology related to the implementation of the patent in accordance with the agreement. Information and provide necessary technical guidance."
4. The contract can only be valid within the validity period of the patent right
A patent license contract can only be valid during the duration of the patent right. When the validity period of the patent right expires or the patent is declared invalid, the patentee shall not enter into a patent license contract with others.
5. No fees shall be charged after the transfer of the patent
The assignee of a patent exploitation license contract shall not permit a third party other than the assignor to implement the patent and charge the agreed fee.
6. The assignor shall stop using the patent after the conclusion of the assignment contract
The patentee has implemented the invention-creation before the assignment of the patent. After the assignment contract is established, the implementation of the invention-creation shall be stopped (as agreed upon).
Seven, the validity of the patent assignment contract
Before the patent assignment contract is established, the patent license contract or non-patent assignment contract concluded between the patentee and others will remain valid after the patent assignment contract is established, and the agreed rights and obligations will be transferred to the assignee of the patent assignment contract.