Why is the transfer of non-patented technology a technology contract?

Legal analysis: patents are divided into "invention", "utility model" and "design". Except for invention patents, utility models and designs have only undergone preliminary examination. Therefore, it is normal for several similar inventions to be patented one after another. The most important point of patent is novelty. If an invention is the same as or not much different from the existing invention, although it will be patented, there is still the risk of losing the patent right because of objections raised by others, and the patent will not become a patent.

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.