Alienation of invention patent in Russia

with one application submitted
with a guarantee of results under the contract


Отправьте краткое описание для предварительной проверки патентоспособности бесплатно

Нажимая, Вы даете свое согласие на обработку персональных данных и соглашаетесь с условиями и политикой конфиденциальности

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Alexander Dubok
Alexander Dubok
Head.
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Anatoly Dubok
Anatoly Dubok
Technical Director.
Daniel Fadeev
Daniel Fadeev
Patentee.
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Dmitry Naplekov
Dmitry Naplekov
Patent Attorney No. 2086.
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After receiving a patent, the inventor can not only use the new technology in his own production. The law allows the sale of exclusive rights to the development, or temporary transfer under license agreements. We will tell you about the rules for buying and selling patents for inventions in this article.

How to buy or sell a patent

National legislation of the Russian Federation and international acts allow the transfer of rights to any object of industrial property - utility models, industrial designs, inventions. The procedure for the transaction and its registration in Russia is stipulated by the Civil Code of the Russian Federation. Let us highlight the key requirements that must be met by the right holder and the entity that has made the decision to buy a patent:

  • individuals and enterprises, including those registered or residing abroad, may be parties to the transaction;
  • an assignment agreement must be drawn up for sale - this document must be in writing;
  • transfer of rights to the invention will take place only after registration through the patent services - in Russia, this is the FIPS (Federal Institute of Industrial Property).

The only obligatory condition of an assignment agreement is the definition of the subject matter of the transaction. All other provisions and clauses may be agreed upon by the parties themselves.

Based on the content of exclusive rights and legislative rules, the following items should be specified in the assignment agreement:

  • information about the place and date of the contract;
  • personal or registration data of the parties, as well as their representatives;
  • the subject matter of the contract - information on the invention, the registry number and details of the patent;
  • Amount, procedure and form of remuneration, e.g. lump-sum payment, staggered payment or royalties on the use of the technology;
  • types and amount of liability for violation of the deal;
  • signatures of the parties or their representatives.

The list of other clauses of the assignment agreement is not limited by law, as the parties are free to make transactions.

The amount of remuneration for the assignment of rights is also determined by the parties themselves. For this you can contact an independent appraiser or use the services of patent attorneys. In our company you can receive a full range of services for transactions involving industrial property. We will help you to draw up contracts correctly, represent your interests in the registration in the FIPS, provide services for the settlement of disputes between the parties.

How to register the sale of a patent

Transactions with patents are possible only within the term of legal protection. For inventions it is 20 years and cannot be extended even for an additional fee. A prerequisite for the transfer of rights is the registration of the transaction with the FIPS. To do so, an application as well as one of the following documents (at the choice of the parties) must be submitted:

You should also pay the registration action fee when submitting the documents.

Verification of documents will take up to 2 months, after which the acquirer will receive a new patent with his data. The changes will be made in the register of Rospatent, and the information about the transaction will be published in the Bulletin of the Patent Office. After the transfer of rights, the acquirer will be able to use the technology for its own needs or transfer it to other persons under assignment or license agreements.

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