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专利技术转让是指专利技术所有权在不同的法律主体间的转移。我国专利法规定,专利申请权和专利权可以转让。专利申请权和专利权都是财产权,所以和一般财产一样,可以转让。但专利技术所有权转移,又不同于传统形态的普通商品交易,具有自身的特点,在实践中应重视这些特点。本文拟谈谈在专利技术转让中需注意的几个法律问题。
Patent technology transfer refers to the transfer of patent technology ownership between different legal subjects. China's patent law provides that patent applications and patent rights can be transferred. Patent applications and patents are property rights, so they can be transferred just like general property. However, the transfer of ownership of patented technology, which is different from the traditional forms of ordinary commodity trading, has its own characteristics. In practice, these characteristics should be emphasized. This article intends to talk about several legal issues to be noticed in the transfer of patent technology.