According to Article 185 of the Contract Law, a gift contract refers to a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift. The gift contract can only be established after the two parties agree on their intentions, and the law does not stipulate that the gift contract must be notarized before it can take effect.
As intellectual property, patent is an intangible asset and a kind of property, so it is also bound by the provisions of the contract law on gift contracts. The essence of a patent gift contract is actually the transfer of a patent, so it should also comply with the provisions of Article 324 of the Contract Law, and indicate the name of the invention-creation, the applicant and patentee of the patent, the date of application, the application number, the patent number and the validity period of the patent right in the contract.
Of course, in order to improve the probative effect of the patent gift contract, the parties can also choose to notarize the contract. Only this kind of notarization is to prove the behavior of signing a gift contract between the parties, and it is not an important element for the contract to take effect.
Legal objectivity:
civil law
Article 657
A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift.
civil law
Article 658
The donor may revoke the gift before the right to donate the property is transferred.
The provisions of the preceding paragraph shall not apply to notarized gift contracts or gift contracts with public welfare nature and moral obligations such as disaster relief, poverty alleviation and disability assistance, which are irrevocable according to law.