What are the requirements for patent rights transfer for the transferred patent?

In the knowledge economy, Patent inventors can realize the value brought by invention patents through the transfer of patents. Patent transfer generally requires a transfer contract to determine the rights and obligations of both parties. So what are the requirements for the transferred patent when transferring patent rights? The Legal Savior Network will give you the answer.

What are the requirements for patent rights transfer

The Patent Law stipulates that when transferring the right to apply for a patent, the parties must enter into a A written contract shall become effective upon registration and announcement by the Patent Office. Written form, registration and announcement are legal conditions for a patent application right transfer contract to take effect. Patent right transfer contracts that are not signed in writing or registered and announced by the Patent Office are not protected by law.

Patent transfer means that the patentee is the transferor. A contract in which the ownership or holding rights of an invention-creation patent are transferred to a transferee, and the transferee pays an agreed price. The party who obtains the patent right through a patent rights transfer contract becomes a new legal patentee and can also enter into a patent transfer contract or a patent implementation license contract with others.

Patent transfer procedure

(1) First, we must understand the nature of patent technology trade Mode

1. General implementation license: Licensor (i.e. Patentee) permissionThe licensee implements its patent, and the licensor still retains the right to use the patent or sign a licensing contract with a third party. 2. Exclusive implementation license: The licensee obtains the exclusive right to implement the patent, and no one else (including the licensor) is allowed to implement the patent. 3. Exclusive implementation license: The licensee has the right to implement, and the licensor also has the right to implement, but the licensor may not sublicense any third party to implement. 4. Sub-sale implementation license: The licensee can, with the consent of the licensor, license a third party to implement the licensor's patent in its own name. 5. Cross-implementation licensing: Two patentees use each other’s patents in the form of reciprocal technology exchange. 6. Transfer of patent rights: The patentee transfers its patent rights to others.

(2) Signing a patent license contract

The contract has the following terms:

①Foreword;

②Definition of contract terms;

②The subject of the contract: refers to the determination and description of the technical scope. Indicate the type, name, application date, approval date, validity period, etc. of the patent;

④ Payment of fees: divided into one-time total payment, commission fee (the commission ratio is determined based on the sales amount or profit), entry fee plus commission fee (after signing the contract, a fee is paid in advance, and then each year based on sales amount or profit), technology stock investment (the patentee uses its patented technology as a stock investment,Sharing of benefits and sharing of risks);

⑤Technical information Delivery: stipulate the scope, delivery time, location, and acceptance method of technical data;

⑥Sharing of technological improvement results: after the signing of the contract, one party’s improvements to the patented technology, who owns the results and the interests of the other party;

⑦Technical services and personnel training: The licensee may not be able to manufacture qualified products after obtaining the technical data, and the licensor must also provide Training, guidance, etc.;

⑧Confidentiality clause: mainly related to The licensee shall have the obligation to keep the technical secrets confidential to the licensor;

⑨Guarantee clause: Each party gives the other party a commitment to perform the contract;

⑩Dispute resolution: stipulates the resolution of disputes between the two parties;

⑾Breach of contract clause: handling of breach of contract such as non-performance or failure to perform the contract on time;

⑿Effective date and validity period of the contractlimitations, terminations and extensions.

Notes on patent transfer

1. Avoid blindly expanding patent value for patent rights The transfer bid should be based on the principle that the transaction can be completed, otherwise the cooperation is likely to fail;

2. Avoid seeking speed - patent transfer is a legal process. It is recommended that you entrust relevant industry insiders (such as lawyers) to carry out relevant operations, and do not sign a contract casually on your own;

3. Cooperation should be given top priority - the purpose of patent development is not only for oneself Certainly, and more importantly, it benefits and contributes to society and life. A patented technology with certain technical content and market capacity can only be technology before it is transformed into productivity, so industrialization is the only way to benefit the world. It is also necessary to give in to the highest standards of society and mankind to some extent and lower the standards. After all, cooperation requires sincerity from both parties;

4. Keep relevant records - Keep records of the transfer process as much as possible, which will help with subsequent issues and income distribution. It is very important; before the transfer, do not easily conduct value appraisal and other operations, especially do not easily conduct such operations based on the requirements of the other party. If you really need to conduct an appraisal, try to clarify the principles and proportions of the appraisal fees to avoid being deceived; Do not hand over specific information such as technical data and relevant drawings easily before the transfer procedures are completely completed.

If readers have other legal issues and need assistance, they can go to the Legal Savior Network for consultation. We have a professional team of lawyers who can help you.