PRC Patent Law implementation details "of the 14th Chinese units or individuals to foreigners the right to the transfer of patent applications or patents by the State Council in charge of foreign economic and trade department, in conjunction with Science and Technology Administration approval. On how to implement the provisions of the problem, consult with the Commerce Department, now under the patent law to implement Article 14 of the Rules provides for the transfer of foreigners to the right of patent application or patent registration and approval notice as follows :
One, if the pending transfer of the right of patent application relating to the prohibition of patents or technology category, according to "Technology Import and Export Management Ordinance," the prohibition, is not transferable;
Two, if the pending transfer of the right of patent application or patent involving restricted technology, the parties shall, in accordance with the "Technology Import and Export Management Ordinance" provided for the export of technology vetting procedures; Been approved, the parties concerned with "technology export license" to the bureau for the transfer of registration procedures;
Three, if the pending transfer of the right of patent application or patent rights relating to free category, the parties shall, in accordance with "technical Export Administration Regulations" and "technology import and export contracts registered management approach", to handle the technical export registration procedures; After registration, the parties concerned with the State Council department in charge of business
or local departments in charge of commerce issued a "technology export contract registration certificate" to the bureau for the transfer of registration procedure.
It is hereby announced.
The People's Republic of China State Intellectual Property Office
December 26, 2003
