When does the transfer patent license contract take effect?

The transfer patent license contract shall take effect from the time of registration. According to relevant legal provisions, when transferring patent application rights or patent rights, the parties shall enter into a written contract and then jointly register with the patent administration department of the State Council. The transfer shall take effect from the date of registration. Regarding the question of when the patent license transfer contract will take effect, the editor of Legal Savior Network will answer it for you below.

1. When does the transfer patent license contract take effect

1. Transfer The patent license contract shall take effect from the time of registration. According to relevant legal provisions, when transferring patent application rights or patent rights, the parties shall enter into a written contract and then jointly register with the patent administration department of the State Council. The transfer shall take effect from the date of registration.

2. Legal basis: According to Article 10 of the "Patent Law of the People's Republic of China": the right to apply for a patent and the patent right can be transferred. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. When transferring patent application rights or patent rights, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.

2. What are the requirements for the transferred patent in the transfer of patent rights

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The Patent Law stipulates that when transferring the right to apply for a patent, the parties must enter into a written contract, which will take effect after being registered and announced 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 refers to a contract in which the patentee, as the transferor, transfers the ownership or holding rights of his invention patent to the transferee, and the transferee pays the 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.

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