Announcement of State Intellectual Property Office

No.94
No.97
No.98

Announcement of the State Intellectual Property Office

No. 94

In accordance with the provisions of Rule 14 of Implementing Regulations of the Patent Law, 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 administration for Foreign Trade and Economic Cooperation under the State Council in conjunction with the Administration for Science and Technology under the State Council. With respect to enforcement of the provisions, after consultation with Ministry of Commerce, we hereby publish the regulations on going through formalities of examination and approval for assignment of patent right or patent application right to foreigners in accordance with the provisions of Rule 14 of Implementing Regulations of the Patent Law as follows:

I. With regard to the patent application right or patent right to be assigned relating to technologies prohibited from export, the patent application or patent right shall not be assigned according to the provisions of Regulations on Technology Import and Export;

II. With regard to the patent application right or patent right to be assigned relating to technologies restricted from export, the parties shall go through examination and approval formalities for technologies export in accordance with Regulations on Technology Import and Export Administration; if approved, the parties concerned shall go through assignment registration formalities before SIPO by License for Technology Export.

III. With regard to the patent application right or patent right to be assigned relating to technologies freely exported, the parties shall go through registration formalities for technologies export in accordance with provisions of Regulations on Technology Export Administration and Measures for Technology Import and Export Contract Registration Administration; upon registration, the parties concerned shall go through assignment registration formalities by Registration for Technology Export Contract issued by the competent authorities for commercial affairs under the State Council or in the localities .

The State Intellectual Property Office of the P.R.of China

December 26, 2003