1. Patent transfer shall comply with the relevant provisions of the Patent Law. The patent transferor must have the ownership of the patent. If the patent is owned by the enterprise, it must be approved by the higher authorities. The transfer of patents to foreigners (or foreign countries) must be approved by the State Council and a patent transfer contract must be signed. The contract can only take effect after it is registered and announced by the Patent Office. After the patent assignment contract comes into effect, the rights and obligations arising therefrom are transferred to the assignee.
Two, the transferee must be a patent for the promotion and application of patented technology, not a monopoly technology.
3. The patentee shall ensure that the transferee obtains technical knowledge. Article 345 of the Contract Law stipulates that "the transferee of a patent licensing contract shall license the transferee to exploit the patent in accordance with the agreement, deliver technical materials related to patent exploitation and provide necessary technical guidance."
4. The patent licensing contract can only be valid within the patent term. When the patent right expires or the patent is declared invalid, the patentee may not conclude a patent licensing contract with others.
5. The transferee of a patent exploitation license contract shall not license a third party other than the one agreed with the transferor to exploit the patent and collect the agreed fees.
Six, the patentee has implemented the invention-creation before the patent transfer, after the establishment of the transfer contract, it shall stop the invention-creation (as agreed).
Seven, before the establishment of the patent transfer contract, the patent licensing contract or non-patent transfer contract concluded by the patentee and others shall remain valid after the establishment of the patent transfer contract, and the agreed rights and obligations shall be transferred to the assignee of the patent transfer contract.