1, the patent transferor must have the ownership of the patent, and the transfer of the patent belonging to the enterprise or organization must be approved by the competent department. The transfer of patents to foreign enterprises and foreigners must be approved by the State Council. After the contract is signed, the contractual rights and interests can only take effect after the announcement of the Patent Office. After the contract comes into effect, the rights and obligations arising therefrom are transferred to the transferee.
2. The premise of patent technology transfer is that the purpose of transfer is to promote the application of patented technology, and it is not allowed to obtain patents for the purpose of monopoly technology.
3. In the process of patent transfer, the patent transferor must determine the complete patent technical knowledge acquired by the transferee. In the transfer of the patent exploitation license contract, it shall be agreed that the transferee shall be allowed to exploit the patent, deliver the technical materials for exploiting the patent, and provide necessary technical guidance to ensure that the transferee can fully grasp the patent.
4. The patent licensing contract is only valid within the patent term. Where the patent right expires or is declared invalid, the signed transfer contract is invalid. Moreover, patent transfer can only be transferred to one person or one unit, and cannot be transferred to two or more transferees at the same time.
5. The invention-creation implemented by the patentee before the patent transfer shall be terminated after the implementation. For the patent licensing contract or non-transfer contract signed by the patentee before the patent transfer, after the transfer, the contract is still valid, and its related rights and obligations are transferred to the assignee of the patent transfer contract.