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Matters needing attention in the transfer of patents to foreign customers

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Release time:2016-05-09

If the transfer involves foreigners, foreign enterprises and other foreign organizations, the following provisions shall be met:

1. If the transferor and the transferee are foreigners, foreign enterprises or other foreign organizations, the transfer contract signed or sealed by both parties shall be submitted.

2. If the transferor is an individual or unit in the mainland of China and the transferee is a foreigner, foreign enterprise or other foreign organization, it must issue the Technology Export License or the Registration Certificate of Free Export Technology Contract issued by the competent commercial department of the State Council, or the Registration Certificate of Free Export Technology Contract issued by the local competent commercial department and the transfer contract signed or sealed by both parties.

3. If the transferor is a foreigner, a foreign enterprise or other foreign organization, and the transferee is an individual or unit in mainland China, the transfer contract signed or sealed by both parties shall be submitted.

4. If the applicant in mainland China and a foreign individual, foreign enterprise, or other foreign organization are jointly acting as the transferor, and the transferee is a foreigner, foreign enterprise, or other foreign organization, the second method shall be dealt with mutatis mutandis. Individuals or units in mainland China and foreigners, foreign enterprises, and other foreign organizations are co-transferee parties, and the transferor is a foreigner, foreign enterprise, or other foreign organization.

5. Individuals and units in mainland China and individuals, legal persons and other organizations in Hong Kong, Macao and Taiwan are the joint transferor, and the transferee is a foreigner, foreign enterprise or other foreign organization. Otherwise, refer to the third method.

6. If the transferor is an individual or entity in mainland China, and the transferee is an individual, legal person or other organization in Hong Kong, Macao or Taiwan, refer to the second method.

7. After an individual or other unit in Mainland China changes his nationality, and foreigners, foreign enterprises, and other foreign organizations that have a regular residence or business office in Mainland China shall be subject to the transfer of patent application rights or patent rights by individuals or units in Mainland China.

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