Can generic technology be sold?

Non-patented technology can be sold. According to the relevant provisions of the Civil Code, the obligee who legally owns the technology can transfer the relevant rights of the technology to others, and the transfer requires a written contract. A contract may stipulate the scope of use of technical secrets, but it shall not restrict technical competition and development.

legal ground

Article 862 of the Civil Code of People's Republic of China (PRC)

A technology transfer contract refers to a contract that the obligee legally owns the technology and transfers the related rights of the existing specific patent, patent application and technical secret to others.

A technology licensing contract refers to a contract in which the obligee legally owns the technology and licenses the related rights of the existing specific patents and technical secrets to others for implementation and use.

The clauses in the technology transfer contract and technology licensing contract that provide special equipment and raw materials for the implementation of technology or provide relevant technical consultation and technical services are an integral part of the contract.