Is it necessary to obtain a technology export license to transfer patent rights abroad?

With the rapid development of world economic integration, some patent rights now also need to be transferred abroad. However, some people will have certain doubts. For example, is it necessary to have a technology export license to transfer patent rights abroad? In order to answer your question If you have any doubts in your mind, the editor of Hualv has compiled relevant knowledge, hoping it can be helpful to you.

Is it necessary to have a technology export license to transfer patent rights abroad

If a foreign patent or patent application occurs In the case of transfer abroad as stipulated in the Patent Examination Guidelines, according to the Regulations on the Administration of Technology Import and Export, the examiner first needs to determine whether the foreign patent or patent application is a technology completed domestically or overseas. Only for technology completed domestically, the applicant is required to issue a technology export certificate. license. However, since the Patent Examination Guidelines do not clearly stipulate this aspect, examiners usually do not conduct such examination in practice and directly require the right holder to issue a technology export license.

Article 35 of the "Regulations on the Administration of Technology Import and Export" After signing a technology export contract, the applicant shall submit the following documents to the foreign economic and trade department of the State Council to apply for a technology export license:

(1) Letter of intent for technology export license;

(2) Copy of technology export contract;

(3) Technical data export list;

(4) Documents proving the legal status of both parties to the contract.

The foreign economic and trade department of the State Council shall examine the authenticity of the technology export contract and make a license or disapproval for the technology export within 15 working days from the date of receipt of the documents specified in the preceding paragraph. decision.

Article 36 Technology Export If approved, the foreign trade and economic department of the State Council shall issue a technology export license. The technology export contract shall take effect from the date of issuance of the technology export license.

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