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What should I pay attention to when transferring a patent?
Release Time：
2022-09-20
A: The transfer of patents need to pay attention to the following issues:
1. The situation and disposal of patent exploitation and exploitation license. The transferor has exercised the patent before the signing of the transfer contract, and the transfer contract may stipulate that the transferor may not continue to exercise or stop exercising the patent until the transfer contract becomes effective.
2. Transfer fee and payment method. The transfer fee of the patent rights involved shall be paid in one lump sum. Upon the effective date of the contract, or after the announcement of the Patent Office, the transferee shall remit the transfer fee in full to the transferor's account, or remit it in cash to the transferor (or deliver it in person).
3. Handling of cancellation and invalidation of patent right. According to the relevant provisions of the patent Law, after the establishment of the transfer contract, if the transferor's patent right is revoked or declared invalid, if there is no obvious violation of the principle of fairness, and the transferor does not cause losses to the transferee in bad faith, the transferor shall not return the transfer fee to the transferee, and the transferee shall not return all the information.
4. Taxes and fees. If both the transferor and the transferee are Chinese citizens or legal persons, the transferor shall pay tax on the transfer fee involved in the transfer contract in accordance with the Tax Law of the People's Republic of China.
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