How to write a patent transfer contract

The patent rights transfer contract should state that the transferor owns a certain patent right. The transferor must be consistent with the legal documents of the transferred patent. The patent should state the patent number, publication number, announcement number, application date, authorization date, publication date, The validity period of the patent right must be consistent with the legal document of the transferred patent. Regarding the question of how to write a patent transfer contract, the editor of Legal Savior Network will answer it in detail for you below.

1. How to write a patent transfer contract

1. Patent transfer The contract should state that the transferor owns a certain patent right, and the transferor must be consistent with the legal documents of the transferred patent. The patent should state the patent number, publication number, announcement number, application date, authorization date, publication date, and date of patent rights. The validity period must be consistent with the legal document of the transferred patent.

At the same time, it should be stated that the transferor transfers the patent and the transferee's intention to transfer the patent.

Risk warning: Both parties can negotiate and agree on the delivery time. In practice, there is an agreement to deliver after paying the transfer fee, and there is also an agreement to deliver after the contract takes effect. If it is partial delivery , attention should be paid to the delivery time of the remaining data to avoid the transferor's delay in delivery, which will affect the implementation of the patent. The delivery method can be in person, by registered mail or by air. Since there are many patent documents and involve trade secrets, in order to avoid disputes, it is recommended to use the in-person method, where the document list and materials are delivered together and signed.

2. Legal basis: Article 10 of the "Patent Law of the People's Republic of China" states that the right to apply for a patent and the patent right can be transferred.

When a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it shall be handled in accordance with the provisions of relevant laws and administrative regulations. formalities.

When transferring patent application rights or patent rights, the parties 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. When is the patent transfer effective?

Effective from the date of registration with the Patent Administration Department of the State Council. 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.

Before the transfer contract is signed, the transferor has already implemented the patent. The transfer contract can stipulate that after the transfer contract is signed and becomes effective, the transferor can continue to implement or stop implementation. The patent. If there is no agreement in the contract, the transferor should stop implementing the patent. Before the transfer contract is signed, the rights and obligations of the license contract that the transferor has allowed others to implement will be transferred to the transferee from the date when the transfer contract becomes effective.

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