Article 2 of the Regulations on the Administration of Technology Import and Export stipulates that the technology import and export mentioned in these Regulations refers to the transfer of technology from outside People's Republic of China (PRC) to People's Republic of China (PRC) or from People's Republic of China (PRC) to overseas through trade, investment or economic and technological cooperation. The acts specified in the preceding paragraph include the transfer of patent right, the transfer of patent application right, patent licensing, the transfer of technical secrets, technical services and other forms of technology transfer.
According to the first section (3) (2) of 6.7.2.2, the first part of the Patent Examination Guide, "If the transferor is an individual or unit in China and the transferee is a foreigner, foreign enterprise or other foreign organization, a technology export license or a free export technology contract registration certificate issued by the the State Council commerce department or the local commerce department shall be issued. For the national phase application of PCT in China, please refer to Section 5. 10. 1.2 in Chapter 1 of Part III of the Patent Examination Guide, and the above provisions shall apply. Therefore, even when the PCT international application accepted by the Foreign Affairs Bureau enters China, if the rights of the applicant who enters China are transferred by the applicant designated by the international stage, and the situation outside transit is met, the applicant still needs to submit the technology export license.