Can the design patent be transferred to others if it is no longer used?
According to China's patent law and its detailed rules for implementation, the patent right can be transferred. Any unit or individual within China who transfers the patent right to a foreigner must obtain the approval of 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. Where a patent right is assigned, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement. The transfer of the patent right shall take effect from the date of registration. I. Obligations and Responsibilities of the Parties to a Contract According to the provisions of the Contract Law, a patent right transfer contract belongs to a technology transfer contract. Then, the transferor of the patent right transfer contract shall ensure that he is the legal owner of the provided technology and that the provided technology is complete, correct and effective and can achieve the agreed goals; The transferee shall, in accordance with the agreed scope and time limit, undertake the obligation of confidentiality for the undisclosed secret part of the technology provided by the transferor. If the transferor fails to transfer the technology as agreed, it shall return part or all of the royalties and bear the liability for breach of contract; Where a third party is allowed to exploit a patent or use a technical secret beyond the agreed scope in violation of the agreement, it shall stop the breach of contract and bear the liability for breach of contract; Anyone who violates the agreed confidentiality obligation shall bear the liability for breach of contract. If the transferee fails to pay the royalties as agreed, it shall pay the royalties and liquidated damages as agreed; Those who fail to pay royalties or liquidated damages shall stop exploiting patents or using technical secrets, return technical materials and bear the liability for breach of contract; Where a third party is allowed to exploit a patent or use a technical secret beyond the agreed scope without the consent of the transferor, it shall stop its breach of contract and bear the liability for breach of contract; Anyone who violates the agreed confidentiality obligation shall bear the liability for breach of contract. Where the transferee infringes upon the legitimate rights and interests of others by exploiting the patent or using the technical secret as agreed, the transferor shall bear the responsibility, unless otherwise agreed by the parties. Second, the difference between patent right transfer and patent application right transfer. There are similarities and essential differences between patent right transfer and patent application right transfer: (1) The object of patent right transfer contract is patent right, while the object of patent application right transfer contract is patent application right; (2) The transfer of patent right occurs after the patent is authorized, and the transferor is the patentee, while the transfer of patent application right occurs before the patent is authorized, and the transferor is the patent applicant.