What is the difference between patent transfer and authorized use? Is the transfer of invention patent legal? Generally speaking, it is beneficial for company executives or bosses to pay attention to trademarks and patents. Especially when applying for a project, patents must be used. Without patents, the application project will not be carried out.

The difference between patent transfer and authorized use

1. The concepts of patent transfer and patent authorized use are different. Patent transfer is the transfer of patented technology, while authorized use is, A method of granting patented technology to someone for use with the consent of the patentee; the Patent Law stipulates that patented technology cannot be used privately without the permission of the patentee, unless the patent itself has expired.

2. Patented technology transfer is a type of intellectual property transaction. Technology transfer can be understood as technology trading or the buying and selling of technology. In other words, once the patent is transferred, it is equivalent to selling technology. Then Future related licensing issues have nothing to do with the original patentee, and the patented technology already belongs to others; patent licensing is different, it is just licensing the patent to others.

3. The way of patent authorization is to license someone to use our patented technology, but it cannot be used when it expires; generally speaking, someone gives us some compensation and requires our patent to be used in They will be allowed to use it for a certain period of time, and we just take the money and agree. Of course, the patent owner needs to write down all the precautions in the contract.

When transferring patents, many people want to ask: Is the transfer of invention patents legal? According to the provisions of the Patent Law, both the patent application right and the patent right can be transferred. Therefore, these rights are similar to general property rights. The rights holder can freely dispose of them as he wishes within the scope provided by the law, and transferring these rights to others is one of the ways of disposing the right.

When transferring patent application rights or patent rights, a written contract must be entered into. In addition, the parties should submit a copy of the contract to the China Patent Office, and it will not take effect until it is registered and announced by the Patent Office.

The rights of authorship and spiritual rewards enjoyed by the inventor or designer are not transferred at the same time. In other words, after obtaining the patent application right or patent right, the assignee does not become the inventor or designer, nor does he enjoy the honor of the inventor or designer. Because these rights are personal rights and are indivisible from the person of the inventor or designer. Therefore, it cannot be transferred, nor can it be transferred through inheritance or other methods.

Frequently Asked Questions: What materials are needed for patent application

The above is about the difference between patent transfer and authorized use. Is the transfer of invention patent legal? Related content, patents play a huge role, whether for individuals or companies, but patent applications take too long. Even if you find an agency, it will take more than a year. During this period, you will encounter many problems. , in comparison, patent transfer is more convenient and faster.