How to transform invention patents and how to transform patents into results?

Patents can be converted into funding in the following ways:

1. Implement the patent yourself.

2. Transfer of patents.

3. Licensing others to exploit patents and charging license fees.

Of course, the premise of the above method is that the patented technology is indeed valuable.

In addition, as a friendly reminder, if you first apply for an invention patent and then a utility model for the same technology (not on the same day), then you have made a very serious mistake!

If both patents are granted, the consequence is that both patents may be declared invalid.

The reasons are as follows: 1. According to the principle of non-duplicate authorization in Article 9 of the Patent Law, the invention patent is declared invalid first (because the utility model is granted first).

2. In accordance with the provisions of Article 22, Paragraph 2 of the Patent Law, the utility model shall be declared invalid on the grounds of lack of novelty (because the invention application is first, which constitutes prior art or conflicting application). Satisfied.

The transformation of invention patents can take two routes;

1. The first route, now all levels attach great importance to intellectual property rights, and have built a lot of patent operation platforms, which can be transformed through these platforms to find investors. However, there are some ** background operation platforms that are obviously fancy and have not played a role.

2. Private financing.

In fact, really good products and good inventions are not worried about finding investors. You can have more contact with the capital market. Invention patents can be truly turned into productive forces through technology shareholding, patent transfer, and licensing.

Article 9 of the Patent Law stipulates that "only one patent can be granted for the same invention-creation." However, if the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated, and the applicant declares that he has abandoned the utility model patent right, the invention patent right may be granted. ”

Therefore, if it is a utility model that has been authorized and disclosed, it cannot be converted into an invention patent.

If you have money and resources, you will find it, and if you don't have money or resources, you will find someone to invest in it or transfer or authorize it to an enterprise that needs it.

There are four ways in which patents can be turned into results:

1. Capital contribution. Patent contribution refers to the use of patented technological achievements as capital to invest in combination with other forms of property, in accordance with legal procedures to form an enterprise. In order to encourage scientific and technological innovation and promote the development of science and technology, investment in intellectual property rights has been clearly affirmed by laws and regulations such as the Company Law and the Partnership Enterprise Law, providing a legal basis for patent contribution.

2. Patent financing.

Patent financing, that is, the financing of patent funds, is a general term for pledge loans, patent investment, technology shares, financial leasing and other behaviors with patents as the subject matter. Pledged loan refers to the act of an enterprise or individual applying for loan financing from a commercial bank with the property right in the legally owned patent right as collateral after being evaluated.

3. Patent exploitation license.

Patent exploitation license means that the owner of patented technology or its licensor licenses others to exploit the patent owned by it for a certain period of time, in a certain region, and in a certain way, and collects royalties from others. The patent exploitation license only transfers the right to use the patented technology, but does not transfer the ownership of the patent, and the transferor still has the ownership of the patent after the exploitation license, and the transferee only obtains the right to implement the patented technology, but does not obtain the ownership of the patent.

4. Transfer of patent rights.

The transfer of patent right refers to the act of transferring the ownership or right to use the patent of invention or creation to the transferee by the patentee, as the assignor, and the transferee pays the agreed price. Once the patent assignment right takes effect, the assignee obtains the status of the patentee and the assignor loses the status of the patentee, and the patent right assignment contract does not affect the validity of the patent exploitation license contract entered into by the assignor with others before the contract is concluded.

The transformation of scientific and technological achievements refers to the follow-up experiments, development, application, and promotion of scientific and technological achievements with practical value produced by scientific research and technological development in order to improve the level of productivity, until the formation of new products, new processes, new materials, and the development of new industries.

There are two main ways to transform scientific and technological achievements: direct and indirect

Direct transformation of scientific and technological achievements.

1.Scientists start their own businesses.

2.Universities, research institutes and enterprises carry out cooperative or contract research.

3.Universities, research institutions and enterprises carry out talent exchanges.

4.A network platform for communication between universities, research institutes and enterprises, such as the school fruit network.

As a patent holder, you should increase the publicity of your patent achievements according to the characteristics of your own patents, find suitable manufacturers, and transform patented technologies into tangible results.

Either implement it yourself, or transfer the license to others for implementation, because after the implementation is called the transformation of results, otherwise it is just a piece of paper.

The way to realize patent transformation is to conduct patent transactions on the patent trading platform and directly place the patented technology on the corresponding intellectual property platform; Patented technology is traded through patent institutions. Patents can be transferred, and the two parties enter into a written contract and register with the patent administration department, which can be announced by the patent administration department to realize the transformation of patent vature.

1. How to file a request for invalidation of a patent application.

After the patent right has been granted and announced by the patent administration department, any unit or individual who believes that the patent right does not comply with the provisions of the Patent Law of the People's Republic of China and its implementation rules may request the Patent Reexamination Board to declare the announced patent invalid from the date of publication.

The invalidation of the patent right shall be made by the Patent Reexamination Board and registered and announced by the Patent Administration Department.

The applicant shall submit a written application with the Patent Reexamination Board to declare the invalidation of the patent right in duplicate with relevant evidence, and the application shall specify the reasons for the invalidation and indicate the evidence on which each reason is based.

Where a request for invalidation or partial invalidation of a patent right is requested, the request for invalidation of the patent right and the necessary evidence shall be submitted to the Patent Reexamination Board of the State Intellectual Property Office in duplicate. The request for invalidation shall specify the grounds for the request for invalidation in conjunction with all the evidence submitted, and indicate the evidence on which each ground is based.

Second, how long does it take to apply for a patent?

For example, the whole process of applying for a utility model patent takes about 5 to 8 months. It generally takes about 18 months to apply for an invention patent.

Article 40 stipulates that if no reason for rejection is found in the preliminary examination of the patent application for utility model or design, the patent administration department shall make a decision to grant the patent for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

3. Is the patent application transfer contract a technology contract?

The contract for the assignment of the patent application is a contract for the transfer of the patent application. A technology contract is a contract entered into by the parties to establish their rights and obligations with respect to technology development, transfer, consulting or services. The right to apply for a patent is exclusively enjoyed by the applicant and can be transferred to another person.

Regarding the assignment, both parties need to sign the assignment agreement and prepare the relevant documents required for the patent transfer. A written contract shall be concluded and registered with the patent administration department, which shall make a public announcement. The assignment of the right to apply for a patent takes effect from the date of registration.

The right to apply for a patent and the right to a patent can be transferred.

Where a Chinese entity or individual transfers the right to apply for a patent or patent right to a foreigner, a foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of the relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall enter into a written contract and register it with the patent administration department, which shall make a public announcement. The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.

1. The transferor and the transferee enter into a contract of assignment, which shall be concluded in writing;

2. The parties to the assignment shall jointly submit identity certificates, transfer agreements and other documents to the patent administration department and submit an application;

3. If the registration conditions are met, the change of registration shall be approved and announced.

After the patented technology is authorized by the Intellectual Property Office, the patented invention has been recognized and protected by the society and the state. However, there is still a long way to go from the patented technology itself to the final realization of industrialization and the transformation of technology into products. It turns out:

If a good product is not properly released, it is very likely that it will eventually become an invalid patent or cannot be transformed. There are several common transformation ideas for patent transformation: patent technology transactions can participate in patent exhibitions held by national authoritative institutions, such as the Beijing National Patent Technology Exhibition and Trading Center to display patented technology, so that the society and the public can know and understand the patents they hold to the greatest extent, and the specific information of the patent (including patent type, invention content, technical product characteristics, your personal contact information, etc.) should be published to the greatest extent.

In order to maximize the visibility of patented technology, to a greater extent to attract the attention of relevant technology manufacturers, investors and partners. Patent cooperation patented technology is an important part of technological assets, as an intangible asset, in the implementation process can be used as capital investment with partners to establish a company, set up a factory, technology shares. Patent holders set up their own companies and factories to transform patents into products and realize industrialization.

The self-transformation of the patentee requires the patentee to have sufficient economic strength to carry out the self-transformation work, and has rich experience in business management and the market.

Legal basis

Patent Law of the People's Republic of China.