Article 10 of the patent law: the right to apply for a patent and the patent right can be transferred. The transfer of patent application right and patent right means that the obligee transfers all its patent application right and patent right to the assignee. Where the right to apply for a patent or the patent right is transferred, the parties concerned must conclude a written contract, which will take effect after it is registered and announced by the Patent Office. According to the provisions of the patent law, both the right to apply for a patent and the patent right can be transferred. Therefore, these rights are similar to general property rights, and the obligee can dispose of them at will within the scope prescribed by law, and transferring these rights to others is one of the ways of disposition.
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.
The right of authorship and the right of moral award enjoyed by the inventor or designer are not transferred at the same time. That is to say, after obtaining the patent application right or patent right, the assignee does not become an inventor or designer, nor does it enjoy the honor of an inventor or designer. Because these rights belong to personal rights and are inseparable from the person of the inventor or designer. Therefore, it cannot be transferred, nor can it be transferred by other means such as inheritance.