Patent transfer contract template

Contract number: _________ Transferee: _________

Legal address: _________ Legal representative: _________ Position: _________ Attorney: _________ ID number: _________ Address: _________ Postal code: _________ Contact: _________ Phone: _________ Fax: _________ Account number: _________ E-mail: _________ Transferor: _________

Legal address: _________ Legal representative: _________ Position: _________ Attorney: _________ ID number: _________ Address: _________ Postal code: _________ Contact: _________ Phone: _________ Fax: _________ Account number: _________ E-mail: _________ Patent validity period: _________ years _________ months _________ days to _________ years _________ months _________ Japanese contract Party B transfers its _________ patent rights to Party A Party A transfers and pays the corresponding transfer price. On the basis of fair and full expression of their respective wishes, the two sides reached the following agreement in accordance with the provisions of the Contract Law of the People's Republic of China and are jointly abided by both parties.

Article 1 The patent right transferred in this contract:

For the _________ patent.

Inventor/Designer: _________. Patentee: _________. Patent Authorization Date: _________. Patent No.: _________. Patent Validity Period: _________. Patent Annual Fee has been paid to _________. Article 2 Party B implements before the signing of this contract Or the status of granting this patent right is as follows:

Party B's implementation of this patent right: _________ Party B permits others to use this patent right: _________ After this contract becomes effective, Party B is obliged to inform the licensed use of the status of this patent right within _________ days. The party to the invention.

Article 3 Party A shall guarantee the performance of the original patent implementation license contract after the entry into force of this contract. Party B's rights and obligations in the original patent license agreement shall be borne by Party A from the date of entry into force of this contract. Party B shall notify and assist the transferor of the original patent implementation license contract and Party A to handle the contract change within _________ days.

Article 4 After Party B continues to implement this patent after the entry into force of this contract, it shall be handled as follows: _________ Article 5 To ensure that Party A effectively owns this patent right, Party B shall submit the following technical materials to Party A:

1. All patent application files submitted to the Chinese Patent Office, including specifications, claims, drawings, abstracts and abstract drawings, requests, statements of opinion, and changes in the description of the matters, the approval of the right to restore the rights after the loss, the agent Power of attorney, etc.

2. All files issued by Party B to the Chinese Patent Office, including acceptance notices, intermediate files, authorization decisions, patent certificates and copies.

3. The patent implementation license contract that Party B has licensed to others, including the subsidiary file of the contract.

4. A valid certificate file issued by the Chinese Patent Office. Refers to the latest patent annual fee payment voucher, the decision made by the Chinese Patent Office or the Patent Reexamination Board or the People's Court to maintain the validity of the patent right in the case of a patent revocation or invalidation request.

5. The transfer of the file is approved by the higher authorities or the relevant competent department of the State Council.

6._________. After the time contract for the delivery of the data comes into effect, after Party B receives the transfer fee paid by Party A to Party B, within _________ days, Party B shall transfer the entire information mentioned in Article 1 of the contract, or after the contract becomes effective, _________ Day B shall deliver all the materials mentioned in Article 1 of the contract to Party A. If it is part of the information, Party B shall deliver the remaining materials to Party A within _________ days after Party A delivers the transfer fee to Party B.

Ways and place of delivery of the information Party B shall submit all the above materials to Party A by face-to-face, registered mail or air transportation, and submit the information list to Party A by face-to-face, post or fax, and hand over the air waybill. Submit it to Party A by mail. All materials are delivered at the location of Party A or agreed by both parties.

Article 6 The transition period clause shall be valid after the signature of this contract comes into effect, and the date of the registration of the patent office, Party B shall maintain the validity of the patent. During this period, the annual fee and renewal fee to be paid shall be paid by Party B.

After the contract is registered in the Patent Office, Party A is responsible for maintaining the validity of the patent, such as handling the annual fee, renewal fee, administrative revocation and invalidation request, and responding to invalid litigation.

During the transition period, due to force majeure, Party B or Party A will not be able to perform the contract, and this contract will be lifted.

Article 7 After the signing of this contract, the _________ party shall be responsible for handling the registration of the transfer of patent rights within _________ days.

Article 8 In order to ensure that Party A effectively owns this patent, Party B shall transfer to Party A the technical secrets related to the implementation of this patent right:

1. Content of technical secrets: _________. 2. Implementation requirements of technical secrets: _________. 3. Confidentiality and duration of technical secrets: _________. Article 9 B guarantees to Party A: At the time of the conclusion of this contract, this patent is not There are the following defects:

1. The patent right is subject to the right of property or mortgage;

2. The implementation of this patent is subject to another existing patent license system;

3. The existence of the right to use the patent first;

4. The existence of a mandatory license;

5. There are cases where the government has adopted the “plan promotion permit”;

6. The invention under this patent is illegal.

At the time of the conclusion of this contract, if Party B fails to inform Party A of the above-mentioned rights defects, Party A has the right to refuse to pay the usage fee and ask Party B to compensate for the additional expenses thus paid.

Article 10 According to Article 50 of the Patent Law, after the establishment of this contract, when the patent right of Party B is revoked or invalidated, if there is no obvious violation of the principle of fairness, and Party B has no intention to cause losses to Party A, Party B shall not Party A will return the transfer fee and Party A will not return all the information.

If the signing of this contract is obviously in violation of the principle of fairness, or if Party B intends to cause losses to Party A, Party B shall return the transfer fee.

When another person requests the Patent Office to revoke the patent right, or requests the Patent Reexamination Board to invalidate the patent right or refuses to appeal to the people's court against the decision of the review committee, Party A shall be responsible for the defense after the establishment of this contract. The cost of the request or litigation.

Article 11 The payment and payment method of Party A's payment of the patent right to Party B is as follows:

1. The total amount of the transfer price of the patent right is: _________; wherein the transfer price of the technology secret is _________ 2. The transfer price of the patent right shall be paid by Party A _________.

The specific payment method and time are as follows:

1._________ 2._________ 3._________ The name, address and account number of the bank where the bank is opened are:

Bank of deposit: _________ Address: _________ Account: _________ 3. Both parties determine that Party A shall pay Party B's research and development funds and remuneration for the benefit of the implementation of research and development results, and Party B shall have the right to consult Party A by way of _________ Relevant accounting accounts.

4. For Party B and Party A are Chinese citizens or legal persons, the tax required for the transfer fee involved in this contract shall be taxed by Party B in accordance with the tax laws of the People's Republic of China.

5. Party B shall be taxed by the Chinese tax authorities in accordance with the Tax Law of the People's Republic of China and the Law of the People's Republic of China on Foreign Investment Enterprises and Foreign Enterprise Income Taxes.

6. If Party B is a Chinese citizen or legal person and Party A is an overseas unit or individual, it shall be taxed according to the tax laws of the other country or region.

Article 12 The parties determine that, in the performance of this contract, neither party may limit the technical competition and technological development of the other party in the following manner:

1._________;

2._________;

3._________;

Article 13 The parties determine:

1. Party A has the right to use the inventions and creations involved in the transfer of patent rights by Party B for subsequent improvement. The resulting new technological achievements with the characteristics of substantial or creative technological progress are owned by _________. The specific relevant benefits are distributed as follows: _________. 2. Party B has the right to make subsequent improvements to the inventions and creations involved in the patent right after Party A has delivered the patent right. The resulting new technological achievements with the characteristics of substantial or creative technological progress are owned by _________. The specific relevant benefits are distributed as follows: _________. Article 14 to Party B:

1. If Party B refuses to deliver all the materials stipulated in the contract and handles the transfer of patent rights, Party A has the right to terminate the contract, request Party B to return the transfer fee, and pay the liquidated damages _________ yuan.

2. Party B has no justifiable reason, and overdue payment of the materials to Party A for the transfer of the patent right to pay liquidated damages _________ yuan; overdue for two months, Party B has the right to terminate the contract and demand payment of liquidated damages _________ yuan.

3. In case of breach of contract in Article 6, Party A shall pay a liquidated damages of _________ yuan.

After the defaulting party assumes the liability for breach of contract, the contracting party agrees on the contents of this contract:

1. Continue to perform.

2. No longer perform.

3. Whether to perform further negotiations.

Article 15 The parties determine that during the period of validity of this contract, Party A shall designate _________ as the contact person of Party A's project, and Party B shall designate _________ as the contact person of Party B. The project contact assumes the following responsibilities:

1._________;

2._________;

3._________. If one party changes the project contact, it shall promptly notify the other party in writing. If it is not notified in time and affects the performance of this contract or causes losses, it shall bear corresponding responsibility.

Article 16 The parties determine that the following circumstances have caused the performance of this contract to become unnecessary or impossible, and this contract may be terminated:

1. Due to force majeure:

2._________;

3._________. Article 17 Dispute Resolution This contract is governed by and construed in accordance with the laws of _________.

The disputes arising during the performance of this contract shall be settled by the parties concerned through negotiation, or may be settled by the relevant departments; if the negotiation or mediation fails, the following _________ methods shall be adopted:

1. Submit to the _________ Arbitration Commission for arbitration;

2. Prosecution to the people's court according to law.

Article 18 Force Majeure If any party to this contract fails to perform all or part of its obligations under this contract due to the event of force majeure, the performance of the obligation shall be suspended during the event of force majeure.

The party claiming to be affected by the event of force majeure shall, as far as practicable, notify the other party in writing of the occurrence of the event of force majeure in the shortest possible time and provide the other party with such force majeure events and their continuation within _________ days after the occurrence of the force majeure event. Appropriate evidence of time and written information that the contract cannot be performed or needs to be extended. Claiming a force majeure event causes its performance of this contract to be objectively impossible or impractical, and it is the responsibility of all reasonable efforts to eliminate or mitigate the effects of such force majeure events.

When a force majeure event occurs, both parties shall immediately decide how to implement this contract through friendly negotiation. Upon termination or elimination of the event of force majeure or its effects, both parties shall immediately resume the performance of their respective obligations under this contract. If force majeure and its effects cannot be terminated or eliminated, causing either party to the contract to lose the ability to continue to perform the contract, the parties may negotiate to terminate the contract or temporarily delay the performance of the contract, and the party facing the force majeure shall not be liable for this. If the party is force majeure after the delay in performance, the liability cannot be waived.

“Force Majeure” as used in this contract means that the affected party cannot reasonably control it, cannot be expected or even if it is expected to be inevitable and cannot be overcome, and appears after the signing date of this contract, so that the party has all or part of this contract. Perform any event that is objectively impossible or impractical. Such events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons, earthquakes, and social events such as war, turmoil, strikes, government actions, or legal requirements.

Article 19 Interpretation The understanding and interpretation of this contract shall be based on the purpose of the contract and the original meaning of the text. The title of this contract is only for the convenience of reading and shall not affect the interpretation of this contract.

Article 20 Supplementary and Subordinate Archives Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where the laws and regulations do not provide for, the parties may reach a written supplementary agreement. The subsidiary files and supplementary agreements of this contract are an integral part of this contract and have the same legal effect as this contract.

Article 21 Effect of the Contract This contract shall take effect from the date on which the legal representatives of the parties or both parties or their authorized representatives sign and affix their official seals. Valid for _________ years, from _________ years ______ months _________ days to _________ years _________ months _________ days. The original form of this contract is _________, each party holds _________ copies, and has the same legal effect; a copy of the contract _________ copies, and _________ is kept.

Article 22 The parties shall determine: the relevant nouns and technical terms involved in this contract and related subsidiary files are defined and explained as follows:

1. Patent - refers to the _________ patent authorized by Party A to be authorized by the State Intellectual Property Office. The patent number: _________, the name of the invention: _________. 2. The contract product - the nail company uses the patent to produce the enterprise. The standard or manual series of products, referred to as products, whose name is: _________ or _________ or others.

3. Enterprise standards or specifications - The enterprise standards or specifications for each product in the series of products formulated by the nails, the performance and functional indicators specified or stated, must at least reflect the practical value of the product.

4. Transfer of patent rights - means that Party B will transfer all the rights of this patent to Party A, that is, Party A has the original to receive the patent materials, design, trial production, production and sales of the contract products, handle the change registration of the patent description items, and re-authorize the patent rights. Transfer or re-license, and apply for new patents and other rights based on this technology.

5. Trial production period - refers to the pick-up date from the signing date to the following. During the trial production period, Party A must try its best to design and prototype contract products and formulate enterprise standards or specifications.

6. Third Party - means a legal person or legal person representative as stated by the natural person or his business license, and a different person or individual represented by the legal person or legal representative of the natural person of the contract or its business license.

7._________. Article 23 The following technical files related to the performance of this contract shall be an integral part of this contract after being confirmed by both parties in the form of _________:

1. Technical background information: _________;

2. Feasibility argument report: _________;

3. Technical evaluation report: _________;

4. Technical standards and specifications: _________;

5. Original design and process archives: _________;

6. Others: _________. Article 24 This contract shall come into force on the date of registration by the patent administration department under the State Council.

Article 25 The parties agree that the other relevant matters of this contract are: ______. 1. In order to ensure that the two parties can exchange opinions in a timely manner, it is agreed to use e-mail as a means of exchanging opinions on the terms of the deeds. If you receive the draft contract or opinion of the other party, you must confirm or modify it within _________ business days and send an email to the other party. If the reply is overdue, the terms of this contract may be re-negotiated.

2. This contract is effective from the date of signing. In the execution of the contract, any changes, modifications, additions and deletions to its terms must be agreed upon by both parties and signed into a written file, which is an integral part of the contract and has the same effect as the contract.

3. In the event of a statutory force majeure event, Party A shall promptly notify Party B with a valid certificate, and the contract shall be terminated and the expenses incurred shall not be refunded or settled.

4. This contract is printed in Chinese, one _________ copies, Party B, Party A, the notary office of the place where the contract is signed, the technical contract registration authority of the place where the contract is signed, and the patent management department of the two places. This contract and subsequent important correspondence between the parties, whether sent or sent, are printed and signed in Chinese as valid.

5._________. Transferor: _________ Transferee: _________ Legal Representative: _________ Legal Representative: _________ Attorney: _________ Attorney: _________ Signing Location: _________ Signing Location: _________ _________ Year ___ Month ___ day _________ year ___ month ___ day