Can the right owner of a patent in the Civil Code be changed?

In the current society, our country has legally set up patents for newly invented things, giving them corresponding effectiveness. Every patent has an obligee. So in the newly promulgated Civil Code, does it stipulate that a patent can change its obligee? Let’s take a look at the corresponding answers provided by the editor of Legal Savior.

1. Can the owner of a patent in the Civil Code be changed?

Patent rights People can change.

Patentee refers to the units and individuals who can apply for and obtain Patent rights. Patentees include patent owners and holders. The former can be citizens, collective ownership units, foreign trade enterprises, and Sino-foreign joint ventures; the latter can be units owned by the whole people.

According to the "Patent Law"

Article 10

Patent application rights and patent rights can be transferred. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. When transferring patent application rights or patent rights, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

Article 11

After the invention and utility model patent rights are granted, other than the Unless otherwise provided by law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell or import its patented products or use its patented methods for production and business purposes. Use, offer for sale, sell, and import products directly obtained according to the patented method.

2. How to change the right owner in a patent application

Generally speaking, if the rights change, only a copy of the patent registration book can be obtained. In other words, after the patent right is transferred, the Patent Office will no longer issue a new certificate. To prove that you are the owner of the right, you need toThe Hong Kong Patent Office issues a copy of the patent register, which is a valid legal document and is actually no different from a patent certificate.

1. Any transfer of patent application rights or patent rights by Chinese individuals or units (including units owned by the whole people and collectively owned units) to foreign countries must be approved by the national patent administration agency. ;

2. The assignor of the patent application right or the patent right must jointly sign a written "transfer" with the assignee that complies with the Patent Law and relevant laws. Contract";

3. You must go to the patent management department to apply for recognition and registration procedures;

4. The "Transfer Contract" and the "Declaration Form for Change of Bibliographic Items" should be submitted to the national patent management agency, and the fees should be paid at the same time. The transfer of the patent application right or patent right will not officially take effect until the national patent management agency announces it in the Patent Gazette.

The editor of Legal Savior Network answered this question as above. According to the relevant provisions of the "Patent Law", it can be seen that the patentee can be changed. The patentee refers to Units and individuals that can apply for and obtain patent rights must go through the procedures in accordance with the provisions of relevant laws and administrative regulations when transferring patent application rights or patent rights. Welcome to the Legal Savior Network online legal consultation.