Where the right to apply for a patent or the right to patent is transferred, the parties concerned shall conclude a written contract and register with the administrative department for patent under the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the right to patent shall be effective as of the date of registration. First of all, fill in the "Declaration Form for the change of description items" and provide the supporting materials for the change of description items. The proof materials for the change of description items refer to:
1. If the applicant or the patentee has the power transfer due to the ownership of the power and the inventor has changed due to the qualification of the patent holder, if the rubber patent is settled through negotiation, a power transfer agreement signed or sealed by all parties concerned shall be submitted; If Jiaoge is determined by the judgment of the people's court, the judgment of the people's court that has legal effect shall be submitted. After receiving the judgment, the patent office shall inform other parties to inquire whether to appeal. If no reply is given or no appeal is made within the specified time limit (two months), the written judgment shall have legal effect; If an appeal is filed, the party concerned shall issue a notice of acceptance of the appeal, and the judgment of the original people's court shall not have legal effect.
if the resolution of mediation is made by the local Intellectual Property Office (or the corresponding functional department), the patent office shall, after receiving the mediation resolution, inform other parties to inquire whether to bring a lawsuit to the court; if no reply is made or no prosecution is made within the specified time limit (two months), the mediation resolution shall have legal effect; If a lawsuit is filed, the parties concerned shall issue a court acceptance notice, and the original mediation resolution shall not have legal effect.
2. If the patent applicant or patentee needs to change the patent applicant or patentee due to the transfer or gift of power, it is necessary to submit the original contract or notarized copy of the transfer or donation contract; The contract is concluded by a legal person. It is necessary for the legal representative or authorized person to sign or seal the contract, and affix the official seal of the legal person or the special seal for the contract. If necessary, notarized documents must be submitted. If a citizen concludes a contract, he / she shall sign or seal it; if necessary, he / she shall submit a notarized document. If there are more than one patent applicant or patentee, the supporting materials that all the patentees agree to the transfer or donation shall be submitted.
3. If the applicant or the patentee is a legal person, it is necessary to issue a document with legal effect for the change of the description items caused by its merger, reorganization, division, revocation, bankruptcy or restructuring.
4. If the applicant or the patentee inherits due to his death, he shall submit a certificate issued by the notary office that the party concerned is the only legal successor, or that the party concerned has included all the legal successors. In addition to the express provisions, the joint successors should inherit the patent application right or patent right together.