China Intellectual Property Transfer Special Issue (I) - Patent Transfer

1. How is a patent transferred in China? Does it have to be registered in the national patent register for it to be effective?

• Patents can be transferred through legal means or through transactions. Both parties must sign a patent transfer agreement and register it with the patent administration department under the State Council, namely the China National Intellectual Property Administration (CNIPA).
  • A patent transfer contract can be established between the two parties and has contractual effect.
  • However, if the transfer is not registered with CNIPA, the patent right itself will not be changed, and the patent right will still belong to the original right holder.
  • In other words, filing is the only effective way to make the change of rights "against third parties"

2. Is it necessary to submit the original patent transfer agreement?

• No, a scanned copy will suffice.

3. Does the patent transfer agreement need to be notarized or translated?

• Notarization and legalization are not required. If the application documents are not in Chinese, a Chinese translation is required.

4. Is it necessary to use a specific form to register and record a patent transfer?

• Yes, you need to fill out the "Project Matter Change Application Form".
• Required documents include:
  • Application for Project Matter Change (can be downloaded from the CNIPA official website. Electronically applied patents must be submitted electronically)
  • At the same time pay the official fee 200.00CNY
  • Transfer certificate or agreement signed by both the transferor and the transferee
  • If the contract is not in Chinese, a Chinese translation must be submitted
  • Power of Attorney

5. Legal consequences of not registering and filing patent transfers

• The Patent Office will still list the original right holder as the patent owner.
• The new assignee cannot exercise rights as a patent owner, such as licensing, pledging, filing infringement lawsuits, etc.
• The effectiveness of a contract only exists between the two parties and cannot be used against third parties.
• Therefore, the registration and filing of patent transfers in China is a mandatory procedure. Failure to do so means that the transfer of patent rights is not legally effective. The effectiveness of registration can be considered an establishment procedure.

6. Patent co-ownership

• All co-owners must unanimously agree to the patent transfer.

7. Is it necessary to appoint a professional representative in my country?

• Yes.
• Any foreigner, foreign enterprise or other foreign organization that does not have a residence or business premises in China must entrust a patent agency established in accordance with the law in China when handling patent-related matters.

8. Official fees for patent transfer registration and filing

• The official fee is RMB 200.