Legal analysis: If companies and individuals do not entrust lawyers and other professionals to handle patent transfer, the following points should be noted during the transfer process: 1. Distinguish the difference between patent transfer and implementation licensing. 2. Patent transfer is divided into transfer of patent application rights and transfer of patent rights. 3. There may be circumstances that cannot be transferred, such as national defense patents, transfer to foreigners, etc. 4. Transfer requires a written contract. 5. After the transferor and transferee conclude a transfer contract, they shall register it with the patent administration department of the State Council. The transfer of patent application rights or patent rights takes effect from the date of registration. 6. Verify the legal status of the patent. In particular, the transferee needs to verify: whether there are multiple patent holders, whether annual fees for the year have been paid, and whether there are rights pledges, infringement lawsuits, invalidity, etc.
Legal basis: "Patent Law of the People's Republic of China"
Article 32 The applicant may withdraw his patent application at any time before the patent right is granted.
Article 10 The right to apply for a patent and the patent right may be transferred.
When Chinese entities or individuals transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, they must go through the procedures in accordance with the provisions of relevant laws and administrative regulations.
To transfer patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.