What aspects need to be paid attention to in the patent transfer procedure?

Citizens of our country all enjoy their own Patent rights in accordance with the law, but when we want to transfer our patent rights to others or accept others to transfer patent rights to us, what issues should we pay attention to during the patent transfer process and need to be considered To what extent? The editor of Legal Savior Network will give you the answer.

What aspects need to be paid attention to in the patent transfer procedure

1. Avoid blindly expanding the value of the patent - the minimum bid for the transfer of patent rights should be based on the principle of being able to complete the transaction, 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 to affirm oneself, but more importantly, to be beneficial to society and life. Contribution, a patented technology with certain technical content and market capacity, can only be technology before it is transformed into social productivity. Therefore, industrialization is the highest standard for benefiting society and mankind. To some extent, appropriate concessions should be made. It is also necessary to lower some of the bids. After all, cooperation requires sincerity from both parties;

4. Do a good job Relevant records - Keep records during the transfer process as much as possible, which is very important for subsequent issues and income distribution; before the transfer, do not easily conduct value evaluation and other operations, especially do not easily conduct such operations based on the requirements of the other party , if it is really necessary to conduct an evaluation, try to clarify the principles and proportions of the evaluation costs to avoid being deceived; do not easily hand over specific information such as technical data and relevant drawings before the transfer procedures are completely completed.

What is the procedure for transferring patent rights?

1. A transfer contract should be signed

2. Go to the Patent Office to complete the registration procedures, and the Patent Office will announce the contract. The contract will take effect from the date of registration

3. A patent application right transfer contract means that the transferor transfers the right to apply for a patent for his invention to the transferee, and the transferee pays the agreed price. the contract entered into. The main terms of the patent application right transfer contract include: contract name, invention title, invention type, inventor or designer, technical information and data list, liability for rejection of patent application, price and method of payment, liquidated damages and losses Amount calculation methods, dispute resolution methods, etc.

Terms of the contract for transfer of rights

Patent transfer must sign a written contract, and the patent transfer contract should generally have the following terms:

1. Project name: Project The name should indicate a certain invention, utility model or design patent right transfer contract.

2. The name and content of the invention and creation should be accurately and summarily expressed in concise and clear professional terms. , the professional technical field to which it belongs, the status of the existing technology and the substantive features of the invention.

3. Patent application date, patent number, application number and validity period of the patent right.

4. Patent implementation and implementation licensing. Some patent rights transfer contracts are concluded between the transferor or a third party for patent implementation. If the license contract is concluded later, in this case, it should specify whether the transferor will continue to implement or the patent that has been entered into, how the rights and obligations to implement the license contract are transferred, etc.

5. A list of technical information materials, which should at least include the invention description, drawings and the ability of general professional and technical personnel in the technical field to implement the invention and creation. Other necessary technical information.

6. Price and payment method.

Understand the transfer of patent rights when transferring patent rights Methods and procedures as well as issues that should be paid attention to are very important. The transfer procedure of patent rights is also relatively complicated. In order to protect your vital interests, you must rely on the law. The above is the editor’s answer for you. If you still have questions, you can contact the Legal Savior Network Consultation.