D. the price obtained from the transfer of patented technology

Legal subjectivity:

Belonging to technology transfer, specifically patent transfer or patent license, it is necessary to sign a corresponding patent transfer or patent license contract, and stipulate the details of relevant technology transfer and implementation in the contract. At present, after researching and developing a technological achievement, some units in society often claim that they have "ownership" of the technological achievement. This statement is not accurate. Generally speaking, we only have the ownership and patentee of patented technology. Non-patented technology, generally not called ownership, only involves the right to use and transfer. "Ownership" refers to the right of the property owner to possess, use, dispose of and benefit from his property. Ownership is an exclusive right, and its subject of rights is specific, but its subject of obligations is not specific. Only after the technological achievements are applied for and granted the patent right can the patentee enjoy the exclusive right to exploit the invention-creation patent similar to the ownership within the validity period of the patent right. The right to use and transfer non-patented technological achievements is different. First, it only exists between specific parties. Specifically, first, between the unit and employees, the right to use and transfer job-related technological achievements belongs to the unit, while the right to use and transfer non-job technological achievements belongs to the individual who completed the non-job technological achievements. Second, if the parties to the contract agree that the right to use and transfer non-patented technological achievements belongs to one party, the other party may not use and transfer them; The agreed right to use and transfer belongs to both parties and can be used by all parties. However, if either party transfers the non-patented technological achievements, it shall obtain the consent of the other party, and the benefits obtained shall be shared by both parties reasonably. Second, it has no effect against third parties. In other words, the ownership of non-patented technological achievements is only between the unit and its employees, and it is legally binding between the two parties to the contract, and does not affect any third party who has mastered the technology to use or transfer it. Therefore, the right to use and transfer non-patented technological achievements is not an exclusive right, but a non-exclusive right, so it does not have the attribute of "ownership" in the legal sense.