What are the legal procedures for changing patent rights?

As we all know, patent rights are a type of intellectual property, and patent rights can be changed. The most common situation in society where patent rights change is patent transfer. However, the law also has regulations on the process of patent changes. So next, the editor of Legal Savior Network will talk to you below about the process of legal regulations related to patent rights changes? I hope to be helpful.

What are the legal procedures for changing patent rights

(1) Materials to be prepared

"Patent Rights Transfer Contract" and "Declaration Form for Change of Bibliographic Items".

1. Fill in the "Patent Rights Transfer Contract".

2. Fill out the "Declaration Form for Change of Bibliographic Items". Fill out the “Declaration Form for Change of Bibliographic Items” and provide documentation proving the change of bibliographic items.

The materials proving changes in the bibliographic items refer to:

a. The applicant or the patentee has a dispute over the ownership of rights. In the case of transfer and inventor change due to qualification disputes, if the dispute is resolved through negotiation,A rights transfer agreement signed or stamped by all parties shall be submitted; if the dispute is determined by a People's Court judgment, a legally effective People's Court judgment shall be submitted. After receiving the judgment, the Patent Office shall notify other parties and inquire whether to file a lawsuit. In case of appeal, if there is no reply within the specified time limit (two months) or it is clear that there is no appeal, the judgment will become legally effective; if an appeal is filed, the party concerned shall issue a notice of acceptance of the appeal, and the original People's Court judgment will not become legally effective. If the dispute is mediated and decided by the local Intellectual Property Office (or corresponding functional department), after receiving the mediation decision, the Patent Office shall notify the other parties and inquire whether to file a lawsuit in court; failure to respond within the specified period (two months) or If it is clear that no lawsuit has been filed, the mediation decision will have legal effect; if a lawsuit is filed, the parties concerned shall issue a court acceptance notice, and the original mediation decision will not have legal effect.

b. Patent applicant or If the patentee's rights are transferred due to the transfer or donation of rights, and the patent applicant or patentee is required to be changed, the original or notarized copy of the transfer or donation contract must be submitted; the contract is entered into by a legal person and must be The legal representative or authorized person shall sign or stamp the contract, and affix the official seal of the legal person or the contract-specific seal; if necessary, notarized documents must be submitted. When a citizen concludes a contract, it must be signed or stamped by himself; notarized documents must be submitted when necessary. If there are multiple patent applicants or patent holders, proof of consent of all patent holders to the transfer or donation should be submitted. The transfer of patent application rights or patent rights involving overseas residents or legal persons shall comply with the following provisions:

(1) If both the transferor and the transferee are overseas residents or legal persons, the original copy of the transfer contract signed by both parties or a notarized copy must be submitted to the Patent Office;

(2) The transferor is a legal person or individual in mainland China, and the transferee is an overseas resident orIf it is a legal person, it must provide the approval document of the transfer approved by the foreign economic and trade department of the State Council in conjunction with the science and technology administrative department of the State Council, as well as the original transfer contract text signed and sealed by both the transferor and the transferee or a notarized copy of the transfer contract text;

(3) The transferor is an overseas resident or legal person, and the recipient If the transferor is a legal person or individual in mainland China, the original copy of the notarized transfer contract signed by both parties must be presented to the Patent Office;

(4) The procedures for changing the bibliographic items of the above-mentioned patent application rights or transfer of patent rights must be carried out by the applicant or patentee of the transferor or the patent agent entrusted by them Institutional handling. The overseas residents or legal persons in the above (1)-(3) refer to foreigners, foreign enterprises, residents or legal persons of Hong Kong, Macao and Taiwan who do not have a habitual residence or business place in mainland China; those who have a habitual residence or business place in mainland China If it is a business office, it can be handled in accordance with the regulations on the patent application rights and patent right transfers of Chinese residents or legal persons.

3. If the applicant or patentee is a legal person, Changes in the bibliographic items caused by its merger, reorganization, division, cancellation, bankruptcy or restructuring must produce legally binding documents.

4. The applicant or patentee dies due to death In the event of inheritance, a document certifying that the party concerned is the only legal heir or that the party includes all legal heirs issued by a notary public shall be submitted. Unless otherwise expressly provided, co-heirs shall jointly inherit the right to apply for a patent or the patent right.

(2) Required procedures

Patent right is also a kind of property right. According to Article 10 of the Patent Law, "Both the right to apply for a patent and the right to patent can be transferred." The procedures to be completed for the transfer of the right to apply for a patent or the right to patent:

1. Individuals or units in China (including ownership by the whole people and collective ownership Any transfer of patent application rights or patent rights to a foreign country must be approved by the national patent administration agency;

2. The transferor of the patent application right or the patent right must jointly sign a written "transfer contract" with the transferee that complies with the patent law and relevant laws;

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

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4. The "Assignment Contract" should be submitted to the national patent administration agency and "Declaration Form for Change of Bibliographic Items", and pay the fee 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.

(3) Charges

1. Official expenses.

2. Agency fees. If the application is handled through an intermediary agency such as a patent office, please refer to the agency fees for charging standards.

The above is what the editor of Legal Savior Network summarized for you An introduction to the legal procedures for changing patent rights. The transfer and change of patent rights is still very complicated, requiring a lot of procedures and materials, and also requires paying some fees. But I believe that through the editor’s introduction, everyone has a certain understanding of this issue. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to consult with lawyers on this website.