At present, our country does not stipulate how much the transfer of invention patents will cost, because the transfer fee of patent rights is considered based on the type and technology of the patent, ranging from several thousand to hundreds of thousands, and needs to be negotiated with the other party. However, the fee charged by the state department is to submit a "Declaration Form for Change of Bibliographic Items" to the State Intellectual Property Office, and a fee of RMB 250 for change of bibliographic items should be paid within one month from the date of request.
1. Classification of patent transfer
Patent transfer can be divided into transfer of patent application rights and transfer of patent ownership. Transfer of patent application rights means that the patent applicant applies for the patent he owns A legal act in which rights are transferred to another person. Patent ownership transfer refers to a legal act by which the patentee transfers his patent rights to others. In a patent transfer, the patent applicant or patentee is the transferor, and the person who obtains the patent application right or patent right is the transferee. The transferor and the transferee should sign a written contract and register it with the Patent Administration Department of the State Council. . The parties to the contract who obtain the patent application right or patent right through the transfer contract become the new patent applicant or patentee and can exercise their own patent application right or patent right.
2. Fee situation
Each agency has its own regulations and algorithms. Agency fees mainly include providing consultation, preparing application documents, and accepting applications from the patent office to final authorization or Some transactions in the rejection process are usually collected once at the time of entrustment. Of course, depending on the client and the content, the amount and payment method can still be negotiated by both parties. The specifics can be agreed upon by signing an agency agreement between the two parties.
3. Legal provisions
In Article 10 of the "Patent Law", 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.