Patent implementation license contract
Transferor:
Transferee:
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 authorization of this License Agreement ________.
3. The scope of authorization for this license contract: _________.
4. The main obligations 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 main obligations of the transferee
The license fee is paid to the transferor in the amount _______.
Pay in installments on the following dates: ____________.
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 Guarantee Terms The transferor undertakes to assume the following technical performance and indicators for 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. The complete guarantee clause of the patent right is transferred to the transferee to ensure that: at the time of the conclusion of this contract, the patent has the following defects:
1 The patent is subject to the right of property or mortgage;
2 The implementation of this patent right is subject to another existing patent license system;
3 There is the existence of the patent first use right;
4 the existence of a compulsory 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 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 assume 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. The assignor’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. Sharing method for subsequent improvement The patent application rights of the new inventions created by the two parties on the basis of this patent technology are owned by the party making the invention, but the other party has the right to preferentially transfer and use the technology. Results. Unless otherwise agreed by the parties, the agreement shall prevail.
13. The quality acceptance method for patented products is: ________.
14. Dispute Resolution: The disputes arising under this contract shall be settled through negotiation between the parties; if the negotiation fails, it shall be submitted to the Suzhou Municipal Arbitration Commission for arbitration.
15. Interpretation of nouns and terms: __________.
This contract shall become effective on the date of signature and seal of both parties.
Person in charge of the transferor
Signature _________ Signature: _______
Signing time: _________ Signing time: ________
Signing location: _________ Signing location: ________
Bank of deposit: _________ Bank of deposit: ________
Account Name: ___________ Account Name: __________
Account number: ___________ Account number: __________
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 number: __________
Transferee:
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 authorization of this License Agreement ________.
3. The scope of authorization for this license contract: _________.
4. The main obligations 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 main obligations of the transferee
The license fee is paid to the transferor in the amount _______.
Pay in installments on the following dates: ____________.
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 Guarantee Terms The transferor undertakes to assume the following technical performance and indicators for 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. The complete guarantee clause of the patent right is transferred to the transferee to ensure that: at the time of the conclusion of this contract, the patent has the following defects:
1 The patent is subject to the right of property or mortgage;
2 The implementation of this patent right is subject to another existing patent license system;
3 There is the existence of the patent first use right;
4 the existence of a compulsory 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 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 assume 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. The assignor’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. Sharing method for subsequent improvement The patent application rights of the new inventions created by the two parties on the basis of this patent technology are owned by the party making the invention, but the other party has the right to preferentially transfer and use the technology. Results. Unless otherwise agreed by the parties, the agreement shall prevail.
13. The quality acceptance method for patented products is: ________.
14. Dispute Resolution: The disputes arising under this contract shall be settled through negotiation between the parties; if the negotiation fails, it shall be submitted to the Suzhou Municipal Arbitration Commission for arbitration.
15. Interpretation of nouns and terms: __________.
This contract shall become effective on the date of signature and seal of both parties.
Person in charge of the transferor
Signature _________ Signature: _______
Signing time: _________ Signing time: ________
Signing location: _________ Signing location: ________
Bank of deposit: _________ Bank of deposit: ________
Account Name: ___________ Account Name: __________
Account number: ___________ Account number: __________
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 number: __________
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