Patent implementation license contract (3)
Patent implementation license
Transferor:_______
Legal representative or responsible person: _______
Transferee: __________
Legal representative or person in charge: ________
According to the relevant provisions of the "Contract Law of the People's Republic of China", this contract is signed by both parties through consensus.
1. project name:________.
Patent applicant: _______; patentee: ______;
Application date: _________; application number: ______;
Patent No.: _________; Patent validity period: ______;
The scope of protection of this patent: ________;
2. The nature of the license of this license is ________.
3. The scope of authorization for this license contract: _________.
4. Primary obligation of the transferor
The transferor shall bear the obligation to pay the annual patent fee
The transferor shall provide the transferee with the following technical information within ___ days after the contract takes effect: ______.
The transferor shall provide the following technical guidance to the transferee: _______.
5. The primary obligation of the transferee
The license fee is paid to the transferor in the amount _______.
Pay in installments on the following dates: ____________
_____ Within the year, the commissioner shall be paid a commission fee of ____% of the value of the production. The royalties are paid once a year and the payment date is ___month ___ days before each year. )
The patented technology is implemented according to the following deadlines and manners: ________.
The transferor shall not permit the third party outside the contract to implement the patent within the technical scope, geographical scope and time limit agreed upon in the contract;
The transferor may not implement or permit the third party to implement the patent within the technical scope, geographical scope and term of the contract.
6. Technical Performance Warranty
The Transferor undertakes to assume the warranty obligations for the following technical performance and indicators of this patented technology: ____.
When the patented technology fails to meet the agreed technical specifications in the implementation, the transferor shall refund the full usage fee and compensate the transferee for the additional expenses incurred thereby.
7. The transferor shall not assume the obligation to guarantee the economic benefits that may be incurred in the implementation of this patent.
8. Patent full guarantee clause
The transferee guarantees that at the time of the conclusion of this contract, the patent has the following defects: 1 the patent right is bound by the property right or mortgage; 2 the implementation of the patent right is subject to another existing patent license system; 3 The existence of the right to use the patent first; 4 the existence of a compulsory license; 5 the case of the “plan promotion permit” adopted by the government; 6 the invention under the patent right is illegal.
At the time of the conclusion of this contract, if the transferor fails to inform the transferee of the above-mentioned rights defects, the transferee has the right to refuse to pay the use fee and ask the transferor to compensate for the additional expenses thus paid.
9. In the course of the performance of this contract, if a third party filed an infringement complaint, the transferor shall appeal to the court and bear legal responsibility.
If the patent defendant is invalid after the entry into force of this contract, the contract will be cancelled. The transferee may not request the transferor to return the use fee paid by the transferee before the patent invalidation declaration is confirmed.
10. Transferor’s liability for breach of contract
If the transferor fails to pay the patent annual fee and the patent right is invalid, the transferor shall be paid a penalty of ___.
The transferor has not delivered the technical information and provided technical guidance within two months, and the transferee has the right to terminate the contract. The transferor shall return the use fee and pay a penalty of ___.
If the transferor enters into a patent implementation license contract with another person within the scope of the patent that has been permitted to be transferred by the transferee, it shall return the illegal income and pay a penalty of ____.
If the transferor implements the patented technology within the scope of having granted the transferee a patent, it shall stop the implementation of the act and pay the transferee a penalty of ____.
11. Transferee’s liability for breach of contract
If the transferee fails to pay the technical use fee within two months, the transferor has the right to terminate the contract. The transferee shall pay the user fee and pay a penalty of ____.
If the transferee implements the patent beyond the scope of the contractual agreement, or enters into a re-transfer license contract with others without the permission of the transferor, it shall return the illegal income and pay the penalty of ____.
12. Subsequent improvement sharing methods
The patent application rights of the new inventions created by the two parties on the basis of this patented technology are owned by the party making the invention, but the other party has the right to preferentially transfer and use the technological achievements. Unless otherwise agreed by the parties, the agreement shall prevail.
13. The quality acceptance method for patented products is: ________.
14. The solution to this contract dispute: __________.
15. Interpretation of nouns and terms: __________.
This contract shall become effective on the date of signature and seal of both parties.
Transferee responsible person transferee responsible person
Signature _________ Signature: _______
Signing time: _________ Signing time: ________
Signing location: _________ Signing location: ________
Bank of deposit: _________ Bank of deposit: ________
Account Name: ___________ Account Name: __________
Account number: ___________ account: __________
Transferor guarantor: __
Address: ___________ Address: __________
Person in charge
Signature: _______ Signature: ______
Signing time: _________ Signing time: ________
Signing location: _________ Signing location: ________
Bank of deposit: _________ Bank of deposit: ________
Account number: ___________ account: __________
Transferor:_______
Legal representative or responsible person: _______
Transferee: __________
Legal representative or person in charge: ________
According to the relevant provisions of the "Contract Law of the People's Republic of China", this contract is signed by both parties through consensus.
1. project name:________.
Patent applicant: _______; patentee: ______;
Application date: _________; application number: ______;
Patent No.: _________; Patent validity period: ______;
The scope of protection of this patent: ________;
2. The nature of the license of this license is ________.
3. The scope of authorization for this license contract: _________.
4. Primary obligation of the transferor
The transferor shall bear the obligation to pay the annual patent fee
The transferor shall provide the transferee with the following technical information within ___ days after the contract takes effect: ______.
The transferor shall provide the following technical guidance to the transferee: _______.
5. The primary obligation of the transferee
The license fee is paid to the transferor in the amount _______.
Pay in installments on the following dates: ____________
_____ Within the year, the commissioner shall be paid a commission fee of ____% of the value of the production. The royalties are paid once a year and the payment date is ___month ___ days before each year. )
The patented technology is implemented according to the following deadlines and manners: ________.
The transferor shall not permit the third party outside the contract to implement the patent within the technical scope, geographical scope and time limit agreed upon in the contract;
The transferor may not implement or permit the third party to implement the patent within the technical scope, geographical scope and term of the contract.
6. Technical Performance Warranty
The Transferor undertakes to assume the warranty obligations for the following technical performance and indicators of this patented technology: ____.
When the patented technology fails to meet the agreed technical specifications in the implementation, the transferor shall refund the full usage fee and compensate the transferee for the additional expenses incurred thereby.
7. The transferor shall not assume the obligation to guarantee the economic benefits that may be incurred in the implementation of this patent.
8. Patent full guarantee clause
The transferee guarantees that at the time of the conclusion of this contract, the patent has the following defects: 1 the patent right is bound by the property right or mortgage; 2 the implementation of the patent right is subject to another existing patent license system; 3 The existence of the right to use the patent first; 4 the existence of a compulsory license; 5 the case of the “plan promotion permit” adopted by the government; 6 the invention under the patent right is illegal.
At the time of the conclusion of this contract, if the transferor fails to inform the transferee of the above-mentioned rights defects, the transferee has the right to refuse to pay the use fee and ask the transferor to compensate for the additional expenses thus paid.
9. In the course of the performance of this contract, if a third party filed an infringement complaint, the transferor shall appeal to the court and bear legal responsibility.
If the patent defendant is invalid after the entry into force of this contract, the contract will be cancelled. The transferee may not request the transferor to return the use fee paid by the transferee before the patent invalidation declaration is confirmed.
10. Transferor’s liability for breach of contract
If the transferor fails to pay the patent annual fee and the patent right is invalid, the transferor shall be paid a penalty of ___.
The transferor has not delivered the technical information and provided technical guidance within two months, and the transferee has the right to terminate the contract. The transferor shall return the use fee and pay a penalty of ___.
If the transferor enters into a patent implementation license contract with another person within the scope of the patent that has been permitted to be transferred by the transferee, it shall return the illegal income and pay a penalty of ____.
If the transferor implements the patented technology within the scope of having granted the transferee a patent, it shall stop the implementation of the act and pay the transferee a penalty of ____.
11. Transferee’s liability for breach of contract
If the transferee fails to pay the technical use fee within two months, the transferor has the right to terminate the contract. The transferee shall pay the user fee and pay a penalty of ____.
If the transferee implements the patent beyond the scope of the contractual agreement, or enters into a re-transfer license contract with others without the permission of the transferor, it shall return the illegal income and pay the penalty of ____.
12. Subsequent improvement sharing methods
The patent application rights of the new inventions created by the two parties on the basis of this patented technology are owned by the party making the invention, but the other party has the right to preferentially transfer and use the technological achievements. Unless otherwise agreed by the parties, the agreement shall prevail.
13. The quality acceptance method for patented products is: ________.
14. The solution to this contract dispute: __________.
15. Interpretation of nouns and terms: __________.
This contract shall become effective on the date of signature and seal of both parties.
Transferee responsible person transferee responsible person
Signature _________ Signature: _______
Signing time: _________ Signing time: ________
Signing location: _________ Signing location: ________
Bank of deposit: _________ Bank of deposit: ________
Account Name: ___________ Account Name: __________
Account number: ___________ account: __________
Transferor guarantor: __
Address: ___________ Address: __________
Person in charge
Signature: _______ Signature: ______
Signing time: _________ Signing time: ________
Signing location: _________ Signing location: ________
Bank of deposit: _________ Bank of deposit: ________
Account number: ___________ account: __________
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