Legal analysis: after the patent is transferred, it can no longer be used. Once the patent transfer right takes effect, the transferee obtains the status of patentee and the transferor loses the status of patentee. The patent transfer contract shall not affect the effectiveness of the transferor entering into a patent licensing contract with others before the establishment of the contract. Unless otherwise agreed in the contract, the rights and obligations stipulated in the original patent licensing contract shall be borne by the patent transferee. In addition, if the transferor has already exploited the patent before concluding the patent right transfer contract, unless otherwise agreed in the contract, the transferor shall stop the exploitation after the contract is established. According to the Patent Law, if the right to apply for a patent is transferred, the parties concerned must conclude a written contract, which will take effect after it is registered and announced by the Patent Office. Written form, registration and announcement are the legal conditions for the entry into force of the patent application right transfer contract. Patent transfer contracts that are not signed in writing or registered and announced by the Patent Office are not protected by law.
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.