What are the prerequisites for the transfer of foreign-related patent rights?

I believe many people do not know enough about the prerequisites for the transfer of foreign-related Patent rights. Do you know how the relevant laws stipulate this in our country? The editor of Legal Savior Network has collected and compiled some relevant content for everyone, come and take a look together! I hope the following content can help you.

What are the prerequisites for the transfer of foreign-related patent rights?

Article 14 of the "Implementing Rules for the Patent Law of the People's Republic of China" stipulates that 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. Regarding how to implement this provision, after consultation with the Ministry of Commerce, the approval and registration matters for the transfer of patent application rights or patent rights to foreigners in accordance with the provisions of Article 14 of the Implementing Rules of the Patent Law are now announced as follows:

1. If the patent application right or patent right to be transferred involves prohibited technology, it will be prohibited according to the "Regulations on the Administration of Technology Import and Export" and shall not be transferred;

2. If the patent application right or patent right to be transferred involves restricted technology, the party concerned shall go through the technology export approval procedures in accordance with the "Regulations on the Administration of Technology Import and Export"; obtain approval , the party concerned shall go to our office to handle the transfer registration procedures with the "Technology Export License";

3. If the patent application right or patent right to be transferred involves free categories technology, the parties concerned shall handle technology export registration procedures in accordance with the provisions of the "Technology Export Administration Regulations" and the "Technology Import and Export Contract Registration Management Measures"; "Contract Registration Certificate" go to the State Intellectual Property Office of the People's Republic of China to handle transfer registration procedures.

The above is compiled by the editor of Legal Savior Network for everyone. What are the prerequisites for the transfer of foreign-related patent rights? I hope it will be helpful to you. If you have other legal-related questions, welcome to the Legal Savior Network for online legal consultation. There are professional lawyers here to provide you with answers. I wish you a happy life!