What are the prohibitions on transfer of patent rights?

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 What are the prohibitions? The editor of Hualv has summarized relevant knowledge for you for your reference. I hope it can help you.

What are the prohibitions on transfer of patent rights?

Transfer of patent rights The 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 rights transfer contract. This is a critical step in the patent transfer process. Only after both the patent transferor and the transferee reach a consensus can subsequent transfer-related work be effectively carried out. In the transfer contract, the interests of both parties should be clearly stated.

The third step: Both parties prepare the relevant documents required for patent transfer. These documents should be filled in strictly in accordance with the prescribed forms, so that the State Intellectual Property Office can shorten the process. Reduce the time to review 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 approval by the Patent Office can the patent transfer have a legal basis. Therefore, in this process, the entrusted patent agency will play an important role in it. 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 the application, it will notify you of the examination results. If the review 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.

1. PatentThe rights must be in a valid state, preferably without any rights disputes;

2. The transferor and the transferee should sign a written transfer agreement and submit it to the State Intellectual Property Office Registration;

3. The patent right is truly transferred only after the registration announcement;

4 , the transferee cannot request to reprint the patent certificate, and can determine the new patentee through changes in the bibliographic items;

5. The transferee shall pay the remaining annual payment in accordance with regulations annual fee to maintain the continued validity of the patent right.

The editor reminds you that if a patent applicant overpays, repays, or pays the patent fee in error for any reason, he or she may file a patent application within one year from the date of payment. The Patent Administration Department of the State Council filed a refund application. The above is the relevant information summarized for you. I hope it can help you. The Legal Savior Network is committed to building an excellent legal consultation platform. If you still have questions, you are welcome to consult with a lawyer.