The ways to obtain patent rights are:
1. Obtain through registration. That is, the owner of the invention and creation submits a request, instructions and other relevant materials to apply for a patent;
2. Patent transfer. That is, the patentee transfers his rights to the assignee;
3. Patent implementation license.
Legal Basis
Article 26 of the Patent Law that will take effect on June 1, 2021
To apply for an invention or utility model patent, you must submit Documents such as request, description, abstract and claims.
Article 27
When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted.
Article 10
Patent application rights and patent rights 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.