What is patent technology transfer
Patent transfer is the transfer of patent application rights and Patent rights by the patent applicant and the patentee. A legal act of surrendering to another person. The Patent Law of the People's Republic of China stipulates that the right to apply for a patent and the patent right may be transferred. The transfer of patent application rights or patent rights by a unit owned by the whole people must be approved by the superior competent authority; the transfer of patent application rights or patent rights by a Chinese person (or unit) to a foreigner must be approved by the relevant competent authorities of the State Council.
Parties transferring patent applications or patent rights must enter into a written contract, which will take effect after being registered by the Patent Office. Patent transfer includes various forms such as sale and stock investment.
The Patent Law stipulates that the right to apply for a patent or the right to patent is transferred , 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. Written form, registration and announcement are legal conditions for a patent application right transfer contract to take effect. Patent right transfer contracts that are not signed in writing or registered and announced by the Patent Office are not protected by law.
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