What is a patent application right transfer contract?

Now the law stipulates that patents can be transferred, so what is a Patent application right transfer contract? The editor of Legal Savior Network will answer the questions for you below. Let’s take a look together. I hope it will be helpful to you.

What is a patent application right transfer contract

Patent application right transfer contract, It refers to a contract in which the transferor transfers the right to apply for a patent for a specific invention to the transferee and the transferee pays an agreed price. The transferor of a patent application right transfer contract must be a natural person, legal person or other organization that owns or holds the patent application right. Any transfer of patent application rights by a unit owned by the whole people must be approved by the superior competent authority; a transfer of patent application rights by a Chinese entity or individual to a foreigner must be approved by a superior competent authority; a transfer of patent application rights by a Chinese entity or individual to a foreigner must be approved by the State Council Approved by relevant competent authorities. Any natural person, legal person or other organization can serve as the assignee of the patent application right transfer contract, acquire the patent application right after paying the agreed price, and become a new patent right applicant.

Article 10 of the Patent Law; the right to apply for a patent and the patent right may be transferred.

When Chinese entities or individuals transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, they shall comply with relevant laws. , procedures stipulated in administrative regulations.

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. The department shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

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