2. China National Intellectual Property Administration will receive 200 yuan's description of the changes in the project.
3. China National Intellectual Property Administration Patent Office will complete the examination and issue the registration announcement within 3-5 months.
4. The transfer of the patent right shall take effect as of the date of registration and announcement in China National Intellectual Property Administration.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 10 The right to apply for a patent and the patent right may be transferred. Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations. Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.
Article 60 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and disputes are caused, the parties concerned shall settle them through consultation. If negotiation fails, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If it fails to prosecute or stop the infringement at the expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement. If negotiation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
Article 61 Where a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method. Where a patent for utility model is involved, the people's court or the administrative department for patent affairs may require the patentee to issue a search report made by the patent administrative department of the State Council.
Article 62 In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design, it does not constitute patent infringement.
Article 63 Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make a public announcement, confiscate his illegal income, and may concurrently impose a fine of less than four times his illegal income. If there is illegal income, a fine of less than 200,000 yuan may be imposed. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 64 When investigating suspected patent counterfeiting based on available evidence, the administrative department for patent affairs may require the relevant parties to investigate the situation related to the suspected illegal act, conduct on-site inspection, consult and copy the relevant materials such as contracts, invoices and account books related to the suspected illegal act, and inspect the products related to the suspected illegal act, and may seal up or detain the products proved to be counterfeit patents by evidence.
When the patent administration department exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.