Who will pay the patent fee after the patent transfer?

Legal analysis: Both parties can make an agreement on this matter. If there is no agreement, it shall be borne by the transferee. Because the assignee is the patentee, the patentee is obliged to pay the annual patent fee. Patent transfer refers to a contract in which the patentee, as the transferor, transfers the ownership or holding right of his invention-creation patent to the transferee, and the transferee pays the agreed price. The party who obtains the patent right through the patent right transfer contract becomes a new legal patentee, and may also conclude a patent transfer with others.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 10 The right to apply for a patent and the patent right may 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 43 The patentee shall pay the annual fee from the year when the patent right is granted.