Article 14 of the "Implementing Rules for the Patent Law of the People's Republic of China" stipulates that if a Chinese unit or individual transfers patent application rights or patent rights to foreigners, the foreign economic and trade department of the State Council shall jointly Approved by the science and technology administrative department of the State Council. Regarding how to implement this provision, after consultation with the Ministry of Commerce, the approval and registration matters for the transfer of patent application rights or patent rights to foreigners in accordance with the provisions of Article 14 of the Implementing Rules of the Patent Law are now announced as follows:
1. If the patent application right or patent right to be transferred involves prohibited technology, it shall be prohibited according to the "Regulations on the Administration of Technology Import and Export" and shall not be transferred;
2. If the patent to be transferred involves If the application right or patent right involves restricted technology, the party concerned shall go through the technology export approval procedures in accordance with the "Technology Import and Export Administration Regulations"; if approved, the party concerned shall go to our bureau to handle the transfer registration procedures with the "Technology Export License";
3. If the patent application right or patent right to be transferred involves free technology, the parties shall go through the technology export registration procedures in accordance with the "Technology Export Management Regulations" and the "Technology Import and Export Contract Registration Management Measures"; Once registered, the parties shall go to the State Intellectual Property Office of the People's Republic of China and the State Intellectual Property Office to handle transfer registration procedures with the "Technology Export Contract Registration Certificate" issued by the commerce department of the State Council or the local commerce department.