Legal analysis: patent application right and patent right can be transferred. The transfer of patent application rights or patent rights by state-owned enterprises must be approved by the higher authorities; China people (or units) to foreigners to transfer the right to apply for a patent or patent right, must be approved by the relevant competent authorities in the State Council. The parties to the assignment of a patent application or patent right must conclude a written contract, which will take effect after it is registered and announced by China National Intellectual Property Administration. Patent transfer includes many forms, such as sale, investment in shares, etc. Written form, registration and announcement are the legal conditions for the entry into force of the patent application right transfer contract. Patent transfer without written contract or without registration and announcement in China National Intellectual Property Administration has no legal effect.
Legal basis: 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.