Patent application right and patent application right

Legal analysis: The difference between patent application right and patent application right is as follows: 1. The right to apply for a patent refers to whether an individual applies for a patent or a company applies for a patent, with the emphasis on the determination of the applicant's subjective status; 2. The right to apply for a patent refers to the right to reply, modify or transfer after applying for a patent, mainly the right to file a patent application with the Patent Office, with the emphasis on the exercise of the right after the subject status is determined.

Legal basis: Article 10 of the Patent Law of People's Republic of China (PRC), the patent application right and patent right can 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.