Assignment of invention patent refers to the act of transferring the patent right owned by the patentee to the transferee. This transfer can be paid or gratuitous, usually in the form of a contract. The transfer of invention patents is of great significance to promote technological progress and innovation, which can enable the transferee to obtain the benefits of the patent right, and at the same time, it can also enable the patentee to obtain corresponding returns.
2. The specific process of transfer of invention patents.
1.Find a transferee.
First of all, the patentee needs to find a suitable assignee. Potential transferees can be found through various channels, such as patent intermediaries, technology trading platforms, industry associations, etc. When looking for a transferee, it is necessary to consider factors such as the transferee's technical field, market prospects, enterprise size, and financial status to ensure that the patent can be effectively applied and promoted.
2.Sign a contract of assignment.
Once a suitable transferee has been found, the parties need to sign a transfer contract. Before signing the contract, the two parties need to fully communicate and negotiate the value of the patent, application prospects, transfer methods, etc. When signing a contract, it is necessary to clarify the rights and obligations of both parties, as well as the specific content and terms of the transfer, so as to avoid subsequent disputes.
3.Handle the procedures for changing bibliographic items.
After signing the contract, the patentee needs to submit an application for bibliographic change to the national intellectual property to change the patentee to the transferee. This process requires the provision of relevant supporting documents, such as the transfer contract, proof of identity of both parties, and other materials. When you go through the change procedure, you will also need to pay a certain official fee.
4.Pay the transfer fee.
The transferee needs to pay the transfer fee to the patentee according to the ** negotiated by both parties. The payment method can be selected according to the results of the negotiation between the two parties, such as one-time payment, installment payment, etc. When paying transfer fees, you need to make sure that the payment method and timing are clear and that the relevant regulations are followed.
5.Effectiveness and performance of the assignment.
Once the transfer fee has been paid and the bibliographic change process has been completed, the assignment is officially effective. At this time, the transferee becomes the new patentee and enjoys the ownership and use rights of the patent. The original patentee needs to perform relevant obligations, such as ensuring the validity and legitimacy of the patent, assisting the transferee in safeguarding the legitimate rights and interests of the patent, etc. The assignee is responsible for continuing to promote and use the patent and complying with the relevant regulations.