Can the patent be transferred?

Patents are transferable. Patent transfer is a legal act in which the patentee enjoys the right to apply for a patent and assigns the right to apply for a patent and the patent right to others. The transfer of patent application rights or patent rights by state-owned enterprises must be approved by the higher authorities; The transfer of patent application right or patent right from China to foreigners must be approved by the relevant departments of the State Council. The parties to the assignment of a patent application or patent right must conclude a written contract, which will take effect after it is registered and announced by China National Intellectual Property Administration. Patent transfer includes many forms, such as sale, investment in shares, etc. Written form, registration and announcement are the legal conditions for the entry into force of the patent application right transfer contract. Patent transfer without written contract or without registration and announcement in China National Intellectual Property Administration has no legal effect. Patent right, referred to as patent for short, is the exclusive right to exploit a specific invention and creation within a certain period of time, and it is a kind of intellectual property right.

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.

How to transfer patents

When an enterprise buys a patent or a shareholder adopts a patent to buy shares, it involves patent transfer. Patent transfer includes patent application right transfer and patent right transfer. The difference between them lies in whether the transferred patent is authorized. The specific process of patent transfer includes the following three aspects: 1. Before the patent is transferred, the transferee shall verify the legal status of the transferred patent, such as whether there are multiple patentees, whether the patent status is valid or invalid, whether the patent is pledged, etc. 2. When signing a written patent transfer contract, it is necessary to clarify the way of patent transfer, the transfer price, the effective time of the contract, etc. 3. The patent transfer shall be registered and take effect, so after signing the patent transfer contract, it shall be announced to the patent administration department of the Intellectual Property Office after filing and registration.