Can non-patented technology be sold?

If the non-patented technology has a certain value, it can be sold. If non-patented technology has practical value, technical knowledge, experience and information, it can be sold after reaching an agreement with the transferee and entering into a written transfer agreement. The sale requires application for change registration with the Patent Office.

Legal Basis

Article 12 of the Patent Law of the People's Republic of China

Any unit or individual who exploits another's patent shall be The right holder enters into an implementation licensing contract and pays patent royalties to the patent holder. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.

Article 13 of the Patent Law of the People's Republic of China

After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees .

Article 14 of the "Patent Law of the People's Republic of China"

If the holder of the patent application right or the patent right has an agreement on the exercise of the right, such party shall prevail. Agreement. If there is no agreement, the first owner can implement the patent alone or license others to implement the patent in the form of a general license; if the patent is licensed to others, the royalties collected shall be distributed among the first owners.