(1) There is no consensus on whether "registration and announcement" are the effective conditions for a patent transfer contract or the "transfer act". One view is that registration and announcement are the conditions for the validity of a patent transfer contract. Without registration and announcement, the transfer contract is invalid and has no binding force; another view is that according to the principle of "freedom of contract", the transfer contract is invalid. The contract is valid, but without registration and announcement, the transfer of the patent right will not be effective, that is, the patent right will not be actually transferred, and the contract transferee cannot become a new patentee. However, the contract is still binding on both parties, and the party who breaches the contract shall bear liability for breach of contract. Since the patent law is not clear about this, both views have some merit. However, no matter which view is adopted, one conclusion can be drawn; without registration and announcement, the patent right will not be truly transferred, and the transferee cannot truly enjoy the patent right. The parties involved in the transfer of patent rights (especially the transferee) should pay special attention to this point. (2) Since registration and announcement are both conditions for the transfer to be effective, and announcement often lags behind registration in practice, the patent right cannot be transferred after the parties have completed the registration procedures but before announcement. In response to these two issues, the Patent Law, which was revised for the second time on August 25, 2000, stipulates: “When transferring 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. The administrative department shall make an announcement. The transfer of patent application rights or patent rights shall take effect from the date of registration." It is thus clear that registration is a condition for the patent right transfer to be effective. After registration, the patent rights are transferred. The announcement is for the convenience of the public to understand the status of patent rights and has no effect on the transfer of rights. Of course, the public can also consult the relevant registration books to understand the legal status of patent rights in a timely manner. Of course, there are some things to pay attention to if you want the patent transfer contract to be effective. Regarding the transfer of patent rights, Article 10 of the original Patent Law has already provided for it. Paragraph 4 of this article stipulates: “To transfer the right to apply for a patent or the patent right, the parties must enter into a written contract, which will take effect after being registered and announced by the Patent Office. "This first requires that the party transferring the patent right must enter into a written contract. If no contract is entered into or the contract is made in oral or other non-written form, the transfer will be invalid. Secondly, this article also requires that the transfer contract must be registered and announced by the Patent Office, otherwise the transfer will be invalid. The reason for this provision is that patent rights are reviewed and approved by the country's patent administration department, and their grant is registered and announced. At the same time, the legal status of patent rights not only involves the interests of the parties to the transfer contract, but also affects the interests of the public. Changes in the patent rights should be notified to the public through public announcements. In practice, some people believe that as long as both parties sign a transfer contract, the transferee will automatically enjoy the patent rights, and registration with the patent office is just a form of filing and is optional. This view is very wrong and will It will cause unnecessary contradictions and conflicts, and will also bring unnecessary trouble and losses to the parties involved (especially the transferee).