1. How to transfer a patent
1. Patent transfer requires signatures from both parties "Patent Rights Transfer Contract" and then submit it to the State Intellectual Property Office to go through the formalities for changing the bibliographic items.
When going through the procedures for changing a bibliographic item, the following materials should be submitted:
(1) Notification form for change of bibliographic items.
(2) A bibliographic item change fee of RMB 200 shall be paid within one month from the date of request.
(3) Submit transfer certification materials: If the patentee makes a request for change due to the transfer or donation of rights, he shall submit a transfer or donation contract. The contract is concluded by the unit and must be affixed with the unit's official seal or a contract-specific seal. If a citizen concludes a contract, he or she shall sign it. If there are multiple patent holders, documentation proving that all patent holders agree to the transfer or donation shall be submitted.
2. Legal basis:
Article 10 of the Patent Law of the People's Republic of China
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.
2. How to transfer Patents
The specific process of transferring patents includes the following three aspects:
First, before the patent is transferred, the transferee must verify the legal status of the transferred patent, for example, whether there are multiple patentees, whether the patent is valid or invalid, whether the patent has been pledged, etc. .
Second, when signing a written patent transfer contract, you must be clear about the method of patent transfer, the transfer price, the effective time of the contract, etc.
Third, patent transfer implements a registration-effective system. Therefore, after signing a patent transfer contract, it must be submitted to the patent administration department of the Intellectual Property Office for filing and registration. announcement.
To handle patent transfer, both parties need to sign a "Patent Rights Transfer Contract" and then submit it to the State Intellectual Property Office Handle procedures for changing bibliographic items. When going through the procedures for changing a bibliographic item, the following materials should be submitted: Declaration Form for Change of Bibliographic Item. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
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