After the patent rights are transferred, can the original transferor continue to use it?

If you want to license others to use your Patent, you need to go through certain procedures in accordance with the law so that the other party can legitimately use your patent. Otherwise, the only way is to transfer the patent, and there are many restrictions on the transfer of patent rights. So the transfer of patent rights Can the original transferor continue to use it after that? The editor of Hualu has summarized the relevant knowledge for your reference. I hope it can help you.

Can the original transferor continue to use the patent after it is transferred

No.

After the patent is transferred, continued use in the general sense Talking about it is not allowed. However, if the original patentee transfers the patent and signs a valid licensing contract with the current patentee, then continued use is allowed. Patent transfer means that the patentee transfers all its rights to others within the effective time and geographical scope. It is a type of technology transfer.

Patent transfer process

Step one: Find a way to transfer the patent. This is the most basic link in the patent transfer process, and it is also very easy to implement. There are actually many ways to call for patent transfer. For example, you can transfer on a patent website, you can entrust a patent intermediary, or you can even find relevant companies yourself.

Step 2: The patent assignor and the patent assignee sign a patent transfer contract. This is a key step in the patent transfer process. Only when both the patent assignor and the assignee reach an agreement Only after receiving the opinions can the subsequent transfer-related work be effectively carried out. In the transfer contract, the interests of both parties should have clear written content.

The third step: Both parties prepare the relevant documents required for patent transfer. These documents should be filled in strictly according to the prescribed form, so that they can be shortened. The State Intellectual Property Office will review the documents and speed up the review.

Step 4: Entrust a patent agency to submit relevant documents to the Patent Office. This is an important part of the patent transfer process. Because only after the Patent Office has reviewed and approved the patent transfer, the patent transfer will have a legal basis. So in this During the process, the entrusted patent agency will play an important role, and choosing an appropriate patent agency is also a detail that cannot be ignored in this process.

Step 5: Wait for the patent transfer result. After the patent office examines it, it will notify the result of the examination. If the examination is passed , the Patent Office will generally issue a patent transfer qualification notice within 2 to 6 months. And the relevant change results can be queried in the patent database of the State Intellectual Property Office.

The above is the relevant information summarized for you. I hope it can help you. The Legal Savior Network is committed to creating excellent legal services. Consultation platform, if you still have questions, welcome to enter the lawyer consultation.