Article 10 of the Patent Law stipulates that the parties transferring the right to apply for a patent shall conclude a written contract, which shall be registered with the patent administration department of the State Council and announced by the patent administration department of the State Council. The transfer shall take effect from the date of registration. It can be seen that the right to apply for a patent cannot be transferred at will, and it is recognized by law after registration. If it is transferred to foreigners or enterprises or organizations, the examination procedure is also more troublesome. Because patents are open and protected, they are protected by law after being approved, and they can make profits through licensing and other means.
The transfer of technical secrets takes effect after the two parties sign the contract, which has great harm that it is difficult to identify and investigate the responsibility after the secret is leaked.