The right to apply for a patent and the patent right can be transferred. After the transfer, the original right holder of the inventor loses the right to apply for a patent and the patent right, and cannot continue to use it within its original scope without permission. However, when the right to apply for a patent or the patent right is transferred, the right of authorship enjoyed by the inventor or designer and the right to receive moral remuneration are not transferred at the same time. To transfer the right to apply for a patent or the patent right, a written contract must be concluded. Moreover, the parties should submit a copy of the contract to the China Patent Office, which will take effect only after it is registered and announced by the Patent Office. A patent may also permit the transferee to exploit the patent within the agreed scope, and the transferee shall pay the agreed royalties. Patent license includes exclusive license, exclusive license and general license. Among them, exclusive license refers to allowing the transferee to enjoy the right to use the patented technology agreed in the contract within the specified scope, and the transferor still retains the right to use the patented technology within this scope, but excludes any third party from using the same patented technology within this scope.
Legal objectivity:
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Article 10 of the Patent Law of People's Republic of China (PRC) * * * The patent application right and 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.