Article 14 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates that the transfer of patent application right or patent right to foreigners by Chinese units or individuals shall be approved by the foreign economic relations and trade department of the State Council in conjunction with the administrative department of science and technology of the State Council. With regard to how to implement this provision, after consultation with the Ministry of Commerce, the approval and registration of the transfer of patent application right or patent right to foreigners in accordance with Article 14 of the Detailed Rules for the Implementation of the Patent Law are hereby announced as follows:
1. If the patent application right or patent right to be transferred involves prohibited technologies, it shall be prohibited according to the Regulations on the Administration of Technology Import and Export and shall not be transferred;
Two, the transfer of patent application rights or patent rights involving restricted technology, the parties shall go through the formalities for examination and approval of technology export in accordance with the provisions of the Regulations on the Administration of Technology Import and Export; Upon approval, the parties concerned shall go through the transfer registration formalities in our bureau with the technology export license;
3. If the transferred patent application right or patent right involves free technology, the parties concerned shall handle the technology export registration formalities in accordance with the Regulations on the Administration of Technology Export and the Measures for the Administration of Technology Import and Export Contract Registration; After registration, the parties concerned shall submit documents to the competent commercial department of the State Council or the local competent commercial department.