1. Does the Patent Law stipulate that a patent transfer contract must be registered?
1, the patent transfer contract does not need to be registered. Where a patent right is assigned, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The patent transfer contract shall come into effect after registration. Therefore, the patent transfer contract may not be registered, but the patent transfer does not take effect.
2. 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.
Second, how to transfer patents to foreigners?
According to the provisions of the Patent Law, if a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved by the relevant competent department in the State Council. According to the detailed rules for the implementation of the Patent Law, this refers to the approval by the foreign economic relations and trade department of the State Council in conjunction with the administrative department of science and technology of the State Council.
It is stipulated that the transfer of patent rights by China units or individuals to foreigners requires the approval of the relevant authorities in the State Council, because patent rights involve technologies, and some technologies are of great significance to the country's economic and scientific and technological interests. If these technologies are transferred to foreigners, foreigners will have exclusive rights to these technologies, which may adversely affect China's scientific, technological and economic interests.
It is worth noting that the China unit referred to here refers to the unit with China nationality established in accordance with the laws of China, including state-owned enterprises, collectively-owned enterprises, joint stock companies, limited liability companies, private enterprises and other enterprises with mixed ownership, as well as Chinese-foreign joint ventures, Chinese-foreign cooperative enterprises and wholly foreign-owned enterprises established in accordance with the laws of China; Foreigners referred to here should also be broadly understood, that is, all organizations and individuals who do not have China nationality, including foreigners, stateless persons, foreign enterprises and other foreign organizations in a narrow sense.
According to the provisions of the Patent Law, if a patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The patent transfer contract shall come into effect after registration. Therefore, the patent transfer contract may not be registered, but the patent transfer does not take effect. I hope the above content can help you. If you have any other questions, you can click the button below or consult a professional lawyer in Hualv.com. ..
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Cite the law
[1] Article 10 of the Patent Law of People's Republic of China (PRC)
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