Legal analysis: matters needing attention in patent transfer: 1. Confirm the types and legal status of patent rights According to the provisions of China's patent law, patents include inventions, utility models and designs. Because the authorization of utility model and design patents has not been substantially examined, the "stability" of their patents is relatively weak compared with invention patents. Therefore, the transferee should fully understand the types of the transferred patent right, weigh the potential risks of the transfer, and ask the patentee to provide the search report issued by China National Intellectual Property Administration when necessary. 2. Pay attention to the identity of the patentee and assignee. For the transferee, it is necessary to pay attention to whether the transferor of the patent right is the legal holder of the patent, whether there are other people in the patent right, whether the patent is a service invention, and whether the transferor of the patent right is a state-owned enterprise. If it is a state-owned enterprise, it needs to go through the formalities for the transfer of state-owned assets in accordance with the provisions of the State-owned Assets Law of China. 3. A formal written transfer contract shall be signed. Patent right is actually a kind of property right, but the invention as the object of patent right is intangible and can't be actually possessed like tangible property, so the ownership of patent right is subject to the register of China National Intellectual Property Administration. 4. Clear the treatment method after the patent is invalid. Article 47 of China's patent law stipulates that an invalid patent does not exist from the beginning. The patent transfer contract that has been performed has no retroactivity, and the patent transfer fee will not be returned. However, if it obviously violates the principle of fairness, it should be returned in whole or in part.
Legal basis: People's Republic of China (PRC) Patent Law.
Tenth China units or individuals to foreigners, foreign enterprises or other foreign organizations to transfer the right to apply for a patent or patent right, 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.
Article 47 An invalid patent right shall be regarded as nonexistent from the beginning.
The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's court before the patent right was declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation.
If the patent infringement compensation, patent exploitation fee and patent transfer fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part.