What should patent transfer assignees pay attention to?

Patent transfer is a form of transferring the ownership of a Patent, so that the transferee obtains the ownership or right to use the patent. We all know that when a patent is transferred, the transferor usually obtains the maximum benefit by combining market demand and considering its market value. So what should the transferee pay attention to when transferring patents? Next, let the editor of Legal Savior Network take you to fully understand it.

What should the patent transferee pay attention to

For the transferee, you need to focus on the following aspects when proceeding: Patent transfer:

(1) Authorization fee not paid The difference between the patent and the certificate below

Authorization fee not paid A patent means that the patent has been authorized, but no certificate has been issued. At this time, the patent rights are obtained through transfer. The name on the patent certificate can be changed, that is to say, the certificate issued is the information of the transferor; and for patents under certificates, The certificate cannot be renamed, and you can only apply for a copy of the patent book later to show that you have obtained the patent right; for some occasions, the certificated patent cannot be used because the name of the certificate cannot be changed.

(2) The patent is transferred without authorization

This situation is mainly when the invention patent or utility model is about to be granted, and the assignee hopes to obtain the patent right or the right to apply. Then after the patent is granted, the authorization notice reads: There are risks in transferring the name of the transferor at this time. One is the risk that the patent will not be authorized. Although the amendment or review opinion clearly implies that the patent will be authorized, but no notification is issued, this cannot ensure authorization; the other is , once the authorization is transferred, because the new transferee has no time to request for fee reduction, the subsequent authorization registration fee (mainly the annual fee for the first year) is often extremely high, and some losses outweigh the gain. Therefore, unless there are special circumstances, no It is recommended to transfer the patent application right in this state.

(3) Transfer of patent rights for marketing purposes

After obtaining the patent, some transferees label it and use it to promote their own products, calling them patented products. This kind of promotion needs to consider the relevance of the patent and the time of patent transfer, which should not be the production of the product. It should be carried out after it comes out. This time should be the product research and development stage, and there is a need for highly relevant technology transfer. Otherwise, in today's developed Internet, as everyone's awareness of intellectual property protection strengthens, a query will probably reveal The loss outweighs the gain.

(4) Patent technology level transfer

Some transferees are seeking technology, therefore, you can contact the transferor as early as possible in order to obtain first-hand technology and then carry out subsequent development. For patent rights transfer at this level, in addition to considering whether the other party’s patent is validIf necessary, it is necessary to adopt a phased approach to technical cooperation, rather than transfer for the sake of patent transfer; in addition, if it is found that the other party's patent is the basis of one's own technology, or constitutes Threat, provided that the transferor’s will is obtained, it is recommended that the sooner the better.

(5) Constructing a patent pool and patent layout Patent

The assignee of such a patent may consider actual The situation is transferred, on the one hand, the patent price is considered, and on the other hand, it is based on its own development level. If you have time or have the strength, you can develop it yourself, but it is not recommended to transfer it; if the time requirement is high and it is closely related to yourself, this kind of patent, whether it is a certificate or authorization without payment, will be in If conditions permit, it is also necessary to process it as soon as possible and obtain exclusive rights.

It is precisely because the transfer of patents has many values , both the assignor and the assignee must adopt reasonable and legal methods to allow the patent to exert its due value. With the gradual development of the patent market, there will definitely be more and better patent transfer methods in the future to allow patents to exert their due value. The above are the precautions for patent transfer transferees compiled by the editor of Legal Savior.com. If you are still confused, you are welcome to go to Legal Savior.com for further professional consultation.