Legal basis: Article 10 of the Patent Law of People's Republic of China (PRC), 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 14 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), if the patent right is transferred for other reasons except those specified in Article 10 of the Patent Law, the parties concerned shall go through the formalities for the transfer of the patent right with the relevant certification documents or legal documents.
The patent licensing contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect.
Where the patent right is pledged, the pledger and pledgee shall register the pledge with the patent administration department of the State Council.