Can domestic patents be transferred to foreign companies?

In the current society, we all know that patents can be transferred. It is easy for us to transfer patents to each other in China. So, can domestic patents be transferred to foreign companies? In order to answer this question, the editor of Legal Savior Network will give you the corresponding answer below for your reference and study. I hope the following answer will be helpful to you.

1. Can domestic patents be transferred to foreign companies?

Can domestic patents be transferred? transferred to a foreign company.

According to Article 14 of the "Implementing Rules for the Patent Law of the People's Republic of China", if a Chinese entity or individual transfers patent application rights or patent rights to foreigners, the State Council shall The competent foreign economic and trade department shall approve it together with the science and technology administrative department of the State Council.

If the transferor is an individual or unit in mainland China and the transferee is a foreigner, a foreign enterprise or other foreign organization, a certificate issued by the competent commerce department shall be issued. "Technology Export License" or "Free Export Technology Contract Registration Certificate", as well as the transfer contract signed or sealed by both parties.

It is stipulated that the transfer of patent rights by Chinese entities or individuals to foreigners needs to be approved by the relevant competent authorities of the State Council because patent rights involve technology, and certain technologies are harmful to the country’s economy. and scientific and technological interests are of great significance. If these technologies are transferred to foreigners and the foreigners have exclusive rights to these technologies, it may have an adverse impact on our country's scientific and technological and economic interests.

2. What issues should you pay attention to when handling patent transfer procedures to foreign companies?

1. If the patent application right or patent right to be transferred involves prohibited technology, it shall be prohibited in accordance with the provisions of the "Technology Import and Export Administration Regulations" , shall not be transferred;

2. If the patent application right or patent right to be transferred involves restricted technology, the parties shall comply with the provisions of the "Regulations on the Administration of Technology Import and Export" Go through the technology export approval procedures; if approved, the party concerned shall go to our bureau to handle the transfer registration procedures with the "Technology Export License";

3. If the patent is to be transferred right to apply orIf the rights involve free technology, the parties shall handle technology export registration procedures in accordance with the "Technology Export Administration Regulations" and the "Technology Import and Export Contract Registration and Management Measures"; if registered, the parties shall present a certificate issued by the commerce department of the State Council or the local commerce department. Go to the State Intellectual Property Office of the People's Republic of China to go through the transfer registration procedures of the "Technology Export Contract Registration Certificate".

The above is the answer given by the editor of Legal Savior Network on "Can domestic patents be transferred to foreign companies?" We can understand that domestic patents can be transferred to foreign countries. The company shall be approved by the foreign economic and trade department of the State Council in conjunction with the science and technology administrative department of the State Council. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.