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Patent Assignment

 

 

 

  • "The right to apply for a patent and the patent right may be assigned.

    Any assignment, by a Chinese entity or individual, of the right to apply for a patent, or of the patent right, to a foreigner must be approved by the competent department concerned of the State Council.

    Where the right to apply for a patent or the patent right is assigned, the parties shall conclude a written contract and register it with the Patent Administration Department Under the State Council. The Patent Administration Department Under the State Council shall announce the registration. The assignment shall take effect as of the date of registration." (Chinese Patent Law, Article 10)

  • "Where a Chinese entity or individual assigns the right to apply for patent or the patent right to a foreigner, the assignment shall be approved by the competent Organ for Foreign Trade and Economic Cooperation under the State Council in conjunction with the Administrative Organ for Science and Technology under the State Council." (Implementing Regulation Under Chinese Patent Law, Rule 14)

 

 

 

 

 

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