Can I get it back after the patent transfer?

You can get it back after the patent is transferred. However, the patent transfer can only be returned if the conditions for returning the patent are stipulated in the contract, and the conditions are met, or both parties reach a consensus on returning the patent, otherwise the transferor has no right to request the return.

legal ground

Article 10 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

The right to apply for a patent and the patent right can be transferred.

Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.

Article 52

Disputes arising from the implementation of the open license shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, they may request the administrative department for patent in the State Council for mediation, or bring a suit in a people's court.