Types of patent transfer

Article 10 of the Patent Law stipulates that patent applications and patent rights can be transferred. Types of Patent Transfer 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, register it with the patent administration department of the State Council and make an announcement by the patent administration department of the State Council. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration. There are three common types of patent transfer: general transfer, exclusive transfer and exclusive transfer. Ordinary transfer belongs to general transfer, that is, transfer to those in need without any conditions. This kind of transfer charge is the lowest in transfer fees. Exclusive transfer refers to conditional patent transfer, which generally means that it cannot be transferred to the owner of a third party, that is, after the transfer, the patent can only be held by both the patentee and the assignee, and the cost of such transfer is higher than that of ordinary transfer and lower than that of exclusive transfer. Exclusive transfer means that the patent owner transfers the patent together with the patent ownership, that is, the transfer of patent ownership, which leads to the patent assignee becoming the only person holding the patent. This transfer method has the highest cost.