Legal analysis: An individual invention without patent right can be transferred. According to the relevant laws and regulations, the patent application right and patent right can be transferred. In accordance with the provisions of relevant laws and administrative regulations, it is necessary to go through the formalities and implement them in accordance with the provisions. And the aforementioned "patent application right" is applicable to the case of not applying for a patent.
Legal basis: Article 1 of the Patent Law of the People's Republic of China
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.
article 22 inventions and utility models for which patent rights are granted shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council before the filing date, and it is recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive characteristics and remarkable progress, and the utility model has substantive characteristics and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.