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Patent transfer contract needs attention

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Release time:2016-05-09

The patent may be transferred, the transferor and the transferee shall enter into a written contract for the transfer of the patent, and the patent attorney recommends that the patent transfer contract be signed, and the following matters should be noted:

The 1. transfer of a patent shall comply with the relevant provisions of the Patent Law, the patent transferor must have the ownership of the patent, if the patent is owned by the enterprise, it must be approved by the higher authorities, if the patent is transferred to a foreigner (or to a foreign country), it must be approved by the State Council, a patent transfer contract is signed, and the contract must be registered and announced by the Patent Office before it becomes effective, the resulting rights and obligations are transferred to the assignee together.

The 2. assignee must obtain the patent for the promotion and application of the patented technology, not for the monopoly technology.

3. the patent assignor shall ensure that the assignee acquires technical knowledge, Article 345 of the Contract Law stipulates that "the assignment of a patent implementation license contract shall, in accordance with the agreement, license the assignee to implement the patent, deliver the technical information related to the implementation of the patent, and provide the necessary technical guidance."

A 4. patent licensing contract may only be valid for the duration of the patent right, and if the patent right expires or the patent is declared invalid, the patentee may not enter into a patent licensing contract with another person.

The transferee of a 5. patent implementation license contract may not license a third party other than the agreement with the transferor to implement the patent and charge the agreed fee.

6. the patentee has implemented the invention-creation before the transfer of the patent, after the establishment of the transfer contract, it shall stop the implementation of the invention-creation (if there is an agreement, as agreed).

7. before the establishment of the patent transfer contract, the patent implementation license contract or non-patent transfer contract concluded between the patentee and another person shall remain valid after the establishment of the patent transfer contract, and the rights and obligations agreed upon shall be transferred to the transferee of the patent transfer contract.

Last year, China's PCT international patent applications ranked third in the world.

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