Legal analysis: case of patent application right or patent transfer contract dispute. A contract for application right or patent right belongs to a technology transfer contract, which is mainly regulated by the Technology Contract Law and its implementing regulations, and shall abide by the relevant provisions of the Patent Law. Because the trial of such contract disputes often involves the relevant provisions of the patent law, the Supreme People's Court regards such contract disputes as patent disputes and provides designated jurisdiction, while ordinary patent licensing contract disputes can be accepted by the grassroots people's courts. It should be pointed out that the principle of "arbitration or trial" is still adopted to solve contract disputes over patent application rights or patent transfer. If the parties agree on an arbitration clause in a technology contract or reach a written arbitration agreement, they shall apply to an arbitration institution for arbitration, and may not bring a lawsuit in a people's court. If the parties fail to conclude an arbitration clause in the technology contract and fail to reach a written arbitration agreement afterwards, they may bring a suit in a people's court. This way of solving contract disputes is different from other ways of solving patent disputes. Generally speaking, it is not allowed to request the patent administration for mediation, because the mediation decision has no legal effect and can only be performed voluntarily by the parties concerned, and it is not allowed to apply to the people's court for compulsory execution. Patent application right dispute case A patent application right dispute refers to a patent application filed by the patent administrative department of the State Council and accepted.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 463 This Chapter regulates civil relations arising from contracts.
Article 464 A contract is an agreement between civil subjects to establish, change or terminate a civil legal relationship. Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature.
Article 465 A lawfully formed contract shall be protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.
Article 466 If the parties have disputes over the understanding of the terms of the contract, they shall determine the meaning of the disputed terms in accordance with the provisions of the first paragraph of Article 142 of this Law. Where a contract text is concluded in two or more languages, and the agreement is equally authentic, the words used in each text shall have the same meaning. If the words and expressions used in each text are inconsistent, they shall be interpreted according to the relevant terms, nature, purpose and principle of good faith of the contract.