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How is the effective time of a patent transfer contract calculated?
Release Time：
2022-07-22
A: Where the right to apply for a patent or the patent right is transferred, after the parties have concluded a written contract for the assignment of the patent, it shall be registered with the Patent Office, which shall take effect only after it has been registered and announced by the Patent Office. The effective time shall be calculated from the date of registration.
The relevant laws and regulations are as follows: Article 10 of the Patent law of China stipulates that the right to apply for a patent and the patent right may be transferred.
Where a Chinese entity or individual transfers the right to apply for a patent or the patent right to a foreigner, a foreign enterprise or any other foreign organization, it shall go through the formalities in accordance with the relevant laws and administrative regulations.
Where the right to apply for a patent or the patent right is assigned, the parties shall conclude a written contract and register it with the patent administration department under The State Council, which shall publish it. The assignment of the right to apply for a patent or the patent right shall become effective as of the date of registration.
Source: Jiuding Intellectual Property
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