Can patents be transferred to subsidiaries?

According to the relevant laws of our country, patents have patent rights after registration. Patent applications and patent rights can be transferred. Patent transfer requires signing a transfer agreement and going through registration. So can the patent be transferred to a subsidiary? Below, the editor of Legal Savior Network will answer the questions for readers. I hope the following knowledge will be helpful to readers.

Can patents be transferred to subsidiaries

According to the relevant laws of our countryStipulations that patents can be transferred to subsidiaries in accordance with the law. When transferring patents to subsidiaries, the company's shareholders or board of directors must decide and agree, and registration procedures must be completed.

Relevant legal provisions

"Patent Law of the People's Republic of China"

Article 10 The right to apply for a patent and the patent right may be transferred.

If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it shall be handled in accordance with the provisions of relevant laws and administrative regulations. formalities.

When transferring 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.

"Company Law of the People's Republic of China"

Article 37 The shareholders' meeting shall exercise the following Responsibilities:

(1) Determine the company’s business policy and investment plan;

(2) ) Elect and replace directors and supervisors who are not employee representatives, and decide on remuneration matters for directors and supervisors;

(3) Review and approve the report of the board of directors;

(4) Review and approve the report of the board of supervisors or supervisors;

(5) Review and approve the company’s annual financial budget plan and final accounts plan ;

(6) Review and approve the company's profit distribution plan and loss compensation plan;

(7) Make a resolution to increase or reduce the company’s registered capital;

(8) Make a resolution to issue corporate bonds;

(9) Make resolutions on the company's merger, division, dissolution, liquidation or change of company form;

(10) Modify the company's articles of association;

(11) Other powers stipulated in the company's articles of association.

For those listed in the preceding paragraph If the shareholders unanimously agree to the matter in writing, a decision may be made directly without convening a shareholders' meeting, and all shareholders shall sign and seal the decision document.

Article 46 The Board of Directors is responsible to the shareholders’ meeting and exercises the following powers:

(1) Convene the shareholders’ meeting and report its work to the shareholders’ meeting;

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(2) Implement the resolutions of the shareholders' meeting;

(3) Decide on the company's business plan and Investment plan;

(4) Formulate the company's annual financial budget plan and final accounts plan;

(5) Formulate the company’s profit distribution plan and loss compensation plan;

(6) Formulate the company’s plan to increase or reduce the registered capital and issue corporate bonds;

(7) Formulate plans for company merger, division, dissolution or change of company form;

(8) Decide on the establishment of the company’s internal management organization;

(9)) decides on the appointment or dismissal of the company manager and his remuneration matters, and decides on the appointment or dismissal of the company's deputy manager, financial director and their remuneration matters based on the manager's nomination;

(10) Formulate the company’s basic management system;

(11) Other powers stipulated in the company’s articles of association.

The above knowledge is the editor’s answer to relevant legal issues, based on the provisions of the relevant laws of our country, patents can be transferred to subsidiaries in accordance with the law. When transferring patents to subsidiaries, the company's shareholders or board of directors must decide and agree, and registration procedures must be completed. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.