Technology that is applying for patents can be transferred. According to relevant legal provisions, parties may transfer patent application rights and patent rights. Both parties shall enter into a written contract and register it with the Patent Administration Department of the State Council, which shall make an announcement. The transfer shall take effect from the date of registration.
Legal Basis
Article 10 of the Patent Law of the People's Republic of China that took effect on June 1, 2021
Patent application rights and patents Rights are transferable.
When Chinese entities or individuals transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, they must go through the procedures in accordance with the provisions of relevant laws and administrative regulations.
To transfer patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
Article 34
After the patent administration department of the State Council receives an application for an invention patent and determines upon preliminary examination that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.