1. Technologies prohibited from export shall not be exported.
2. For technologies whose export is restricted, an application shall be submitted to the Ministry of Commerce (provincial department of commerce). After approval, after obtaining the letter of intent for technology export license, substantive negotiations can be held with foreign countries and technology export contracts can be signed.
3. Technologies that are freely exported shall be registered in the Ministry of Commerce (provincial department of commerce) and obtain the registration certificate of technology export contract.
It is enough to change the patent description item. If the transferor is an individual or unit in Chinese mainland and the transferee is a foreigner, foreign enterprise or other foreign organization, the technology export license or free export technology contract registration certificate issued by the competent commercial department and the transfer contract signed or sealed by both parties shall be presented.
Article 14 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates that if a unit or individual in China transfers the patent application right or patent right to a foreigner, it shall be approved by the foreign economic relations and trade department of the State Council in conjunction with the administrative department of science and technology of the State Council. With regard to how to implement this provision, after consultation with the Ministry of Commerce, the approval and registration of the transfer of patent application right or patent right to foreigners in accordance with Article 14 of the Detailed Rules for the Implementation of the Patent Law are hereby announced as follows:
1. If the patent application right or patent right to be transferred involves prohibited technologies, it shall be prohibited according to the Regulations on the Administration of Technology Import and Export and shall not be transferred;
Two, the transfer of patent application rights or patent rights involving restricted technology, the parties shall go through the formalities for examination and approval of technology export in accordance with the provisions of the Regulations on the Administration of Technology Import and Export; Upon approval, the parties concerned shall go through the transfer registration formalities in our bureau with the technology export license;
3. If the transferred patent application right or patent right involves free technology, the parties concerned shall handle the technology export registration formalities in accordance with the Regulations on the Administration of Technology Export and the Measures for the Administration of Technology Import and Export Contract Registration; After registration, the parties concerned shall go through the transfer registration procedures in China National Intellectual Property Administration and China of the People's Republic of China with the technology export contract registration certificate issued by the the State Council commerce department or the local commerce department.
Reference article: /zhfwpt/zldzsq/