The right to apply for a patent and the patent right can be transferred. After the transfer, the original obligee loses the right to apply for a patent and the patent right, and cannot continue to use it within its original scope without permission. However, when the right to apply for a patent or the patent right is transferred, the right of authorship enjoyed by the inventor or designer and the right to receive moral remuneration are not transferred at the same time.
To transfer the right to apply for a patent or the patent right, a written contract must be concluded. Moreover, the parties should submit a copy of the contract to the China Patent Office, which will take effect only after it is registered and announced by the Patent Office.
A patent may also permit the transferee to exploit the patent within the agreed scope, and the transferee shall pay the agreed royalties. Patent license includes exclusive license, exclusive license and general license. Among them, exclusive license refers to allowing the transferee to enjoy the right to use the patented technology agreed in the contract within the specified scope, and the transferor still retains the right to use the patented technology within this scope, but excludes any third party from using the same patented technology within this scope.