Is the transfer of patent rights troublesome? How does the assignee of the assignor agree?

As an important part of intellectual property rights, patent rights have many advantages for enterprises to apply for patents. With a patent, there is also the right to monopolize the market, and your technology and products will bring huge profits; successful patent application can prevent others from imitating your technology and product; successful patent-applying enterprises, which are marked with a patent mark on the product or advertising advertisement, which is also an important propaganda technology; can prevent others from applying for preemptive application; and can sell or transfer the patented technology as a commodity. So what do you need to pay attention to in the process of transferring a patent? The following top patent agent for everyone to answer in detail.

1. Whether the patent assignor actually owns the patent right.

The transfer of patent rights should comply with the relevant provisions of the Patent Law, the transferor of patent rights must have patent rights, if the patent rights belong to enterprises, they must be approved by the competent department at a higher level, if it is a foreigner (or foreign) transfer of patent rights, it must be approved by the State Council, and a patent right transfer contract must be signed, and the contract must be registered and announced by the patent office before it can take effect, and once the patent transfer contract takes effect, the rights and obligations arising therefrom are transferred to the transferee.

2. The purpose of the assignee to assign the patent.

The assignee must obtain a patent in order to promote and apply the patented technology, not to obtain a monopoly technology.

3. Contents of the patent assignment contract.

The patent assignor wants to ensure that the transferee has access to technical knowledge, and the relevant provisions also indicate that technical guidance and technical information should be provided when licensing others to use the patent.

4. The validity of the contract is limited to the validity period of the patent right.

The validity period of the contract stops at the validity period of the patent, and when the patent expires or the patent is declared invalid, the patentee shall not sign a patent exploitation license contract with others.

5. No fee shall be charged after the transfer of the patent.

The assignee of the patent exploitation license contract is not allowed to exploit the patent with a non-transferee, nor is it allowed to charge the agreed fee.

6. The assignment contract is formed and the assignor ceases to use the patent.

After the two parties have signed the contract and formed it, the transferor shall cease the use of the invention.

7. Validity of the patent assignment contract.

Before the patent assignment contract takes effect, the patent exploitation license contract or non-patent transfer contract signed by the patentee with another person shall be valid from the date of entry into force of the patent assignment contract, and its agreed rights and obligations shall be borne by the patentee.

8. Pay attention to the identity of the patentee and the assignee.

As far as the assignee is concerned, whether the assignor of the patent right is the legal holder of the patent right, whether there are other co-owners of the patent right, whether the patent right belongs to a service invention, whether the patent right belongs to a state-owned enterprise, etc. If it is a state-owned enterprise, it is necessary to go through the formalities for the transfer of property rights in accordance with the provisions of the Law on State-owned Assets of Enterprises on the transfer of state-owned assets.

9. Sign a formal patent assignment contract.

As an intangible asset, a patent cannot be actually possessed like tangible property, and the ownership of patent rights is based on the registration of the State Intellectual Property Office. Therefore, China's Patent Law stipulates that the assignment of patent rights should be signed by both parties in writing and registered with the State Intellectual Property Office.

From the above, we also know that as long as the patent transfer is prepared in the early stage, it is very effective for the transfer and handover in the later stage. More patent content can be learned on the top of the patent agency.