Patent application technology implementation license contract

Patent application name

patent application number

Licensor name

address

Representative

Licensee name

address

Representative

Contract record number

Signing location

Signing date year month day

Valid period to year, month, day

Producer of the Patent Office of the People's Republic

Foreword

Article 1 Nouns and terms

Article 2 Ways and scope of patent application for technology license

Article 3 Technical content of patent application technology

Article 4 Delivery of technical materials

Article 5 User fees and payment methods

Article 6 Standards and methods for acceptance

Article 7 Confidentiality of technical secrets

Article 8 Technical Services and Training

Article 9 Provision and sharing of follow-up improvements

Article 10 Breach of Contract and Claims

Article 11 Responsibility for the rejection of a patent application

Article 12 Force majeure

Article 13 Taxes

Article 14 Settlement of disputes

Article 15 Entry into force, change and termination of the contract

Article 16 Others

Licensor's signature

License method person representative signature

Year month day year month day

Patent application technology implementation permit contract signing guide

Patent Office of the People's Republic of China

Foreword

- In view of the licensor's patent application, the patent application is, the patent application number is, the publication number is, and the application date is the year month date. And possess the technical secrets and processes involved in implementing the patent application technology;

- In view of the fact that the licensee belongs to the enterprise, institution, social group or individual in the field, owns the plant, equipment, personnel and other conditions, and has an understanding of the licensor's patent application technology, and hopes to obtain the license to implement the patent application technology. ;

- In view of the licensor's agreement to grant the licensee the requested license.

Both parties unanimously agreed to sign this contract.

Article 1 Nouns and terms

The nouns and terms referred to in this article are the nouns and terms that need to be defined when the contract is signed. Such as:

Patent Application Technology - The patent application technology referred to in this contract is an invention patent application accepted by the Chinese Patent Office by the licensor's licensee. The patent application number: , the name of the invention:

Technical Secrets - refers to the technology that is necessary for the implementation of this contract patent application, which contributes to the best use of the technology in industrial production, and which can meet the acceptance criteria and does not enter the public domain.

Other technology - refers to a patent application owned by the licensor that is not patented or has been declared invalid in connection with the implementation of the patent application technology, or has waived the patent right, has expired, or has been applied for approval without being approved. Technology.

Technical Data - refers to all patent application files and technical drawings related to the design drawings, process drawings, process recipes, process flow and manufacturing equipment and equipment required for the implementation of the patent application technology.

Contractual Products - means the products manufactured by Licensee using the licensed technology provided in this Agreement, the product name is: .

Technical Services - Refers to the licensor's services for Licensee's implementation of the technology provided by the contract, including the transfer of technical and training personnel.

Sales - refers to the total amount of Licensee's sales contract products.

Net sales - refers to sales minus packaging, shipping, taxes, advertising, and commercial discounts.

Net profit - refers to the total sales minus the cost and tax after the contract product is sold.

Improved Technology - refers to technologies that are modified based on the technology licensed by the Licensor.

Ordinary implementation license - means that the licensor licenses the licensee to implement the patent application technology within the time limit, region, and technical field of the contract, while the licensor reserves the right to implement the patent application technology and may continue to license the licensee. Any unit or individual implements the patent application technique.

Exclusive license - means that the licensor licenses the licensee to implement the patent application technology within the time limit, region, and technology specified in the contract, and the licensor reserves the right to implement the patent application technology, but may not license the licensee other than Any unit or individual implements the patent application technique.

Exclusive license - means that the licensee licenses the licensee to implement the patent application technology within the time limit, region, and technical field specified in the contract. The licensee and any unit or individual other than the licensee may not implement the patent application technology.

and many more.

Article 2 Ways and scope of patent application for technology license

The license method of the patent application technology is an exclusive license;

The scope of the patent application technology is to manufacture a product of its patent application in a certain region or a certain technical field; to use its patent application method and to use and sell the product directly obtained according to the patent application method; to import the patent application product for import according to its patent The product obtained directly by the application method.

Article 3 Technical content of patent application technology

The license is provided by the licensee with the patent application number, the patent application file for all patent application files, and the process flow file necessary for the implementation of the patent application, providing a list of equipment for manufacturing the patent application product, and providing the implementation Technical secrets and other technologies involved in patent applications.

Article 4 Delivery of technical materials

1. Delivery time of technical data - After the contract is effective, the licensee will deliver all the materials mentioned in Article 3 of the contract to the licensee within the day after the licensee has received the user fee paid by the licensee, that is, as shown in the attached file. All information.

After the contract takes effect, within the day, the licensee will deliver all the technical materials mentioned in Article 3 of the contract, that is, all the materials shown in the attached file...

2. How and where the technical materials are delivered - Licensor submits all technical materials to the licensee by face-to-face, registered mail or air, and submits the list of documents to the licensee by face-to-face, mail or fax. The air waybill will be handed over to the licensee by face-to-face or by post.

The technical data delivery location is the location of the licensee's location or agreed by both parties.

Article 5 User fees and payment methods

1. The usage fee involved in this contract is RMB, and the lump sum method is used. Within the day from the effective date of the contract, the licensee will remit the usage fee to the licensor's account or deliver it to the licensor in cash.

2. The use fee of the patent right involved in this contract is yuan, and the installment payment method is adopted. After the contract is effective, the licensee shall pay the license fee to the licensee within the day, and the licensee shall guide the licensee to produce qualified. After the prototype, you will pay % in the future. Until all paid.

Licensee will remit the usage fee to the licensor's account within the above period, or pay the licensor in cash.

3. Total usage fee, using installment payment

Payment on the effective date of the contract

Payment within the month from the effective date of the contract

Pay in the month

Finally, the payment will be made within the day until it is paid in full.

Licensee will remit the usage fee to the licensor's account within the above period, or pay the licensor in cash.

4. The patent application fee is composed of two parts: the entrance fee and the sales commission.

The entry fee is paid on the effective date of the contract.

Sales are increased to % and are settled once a month.

Licensee will remit the usage fee to the licensor's account within the above period, or pay the licensor in cash.

5. The patent application fee is composed of two parts: the entry fee and the profit commission.

6. The patent application fee is calculated by the patent technology shareholding method. The licensee and the licensor jointly contribute 10,000 yuan to jointly manufacture the contract product. The licensor shares the share of the total investment with the patent technology. The first year is divided into dividends, and the profit is distributed. .

The payment method uses bank transfer. The cash payment location is generally the contracted contract.

7. In the case of 4, 5, 6 the Licensor has the right to inspect the relevant accounts of the Licensee's implementation of the Contract Technology.

Article 6 Standards and methods for acceptance

1. Under the guidance of the licensor, the licensee shall complete the technical performance and quality indicators provided by the licensor and meet the international standards, national standards and industry standards.

2. Acceptance contract products. The licensee shall entrust the national inspection department, or the licensee shall organize the acceptance, the licensor shall participate, and the cooperation shall be actively cooperated, and the expenses required shall be borne by the licensee.

3. If the acceptance is unqualified due to the technical defects of the licensor, the licensor shall be responsible for proposing measures to eliminate the defects.

If the second acceptance is still unqualified and the licensor is unable to eliminate the defect, the licensee has the right to terminate the contract, the licensor refunds the usage fee, and compensates the licensee for part of the loss.

4. If the licensee's responsibility for the acceptance of the contracted product is unqualified, the licensor shall assist the licensee to remedy the case. If the licensee fails to pass the re-acceptance and the licensee is unable to implement the contract technology, the licensor has the right to terminate the contract. And no refund of the usage fee.

5. After the acceptance of the contract product experience, both parties shall sign the acceptance report.

Article 7 Confidentiality of technical secrets

1. Licensee shall not disclose technical secrets to any third party other than the parties to this contract, not only during the term of the contract but also at any time after the expiration date.

2. The licensee's personnel who specifically contact the technical secret shall sign a confidentiality agreement with the legal representative of the licensee to ensure that the above requirements are not violated.

3. Licensee shall keep the attached file 4 in a safe place.

4. Licensee may not copy the attached file 4 privately. If the contract is executed or terminated or changed for any reason, the licensee shall return the attached file 4 to the licensor.

5. The above paragraphs apply to the patent application being rejected and deemed to have been withdrawn.

Article 8 Technical Services and Training

1. The Licensor shall be responsible for imparting the Contract Technology to the Licensee and shall answer the questions raised by the Licensee regarding the implementation of the Contract Technology within days after the Contract becomes effective.

2. Licensor shall, when the Licensee implements the patent application technology, send qualified technical personnel to the Licensee's site for technical guidance and shall be responsible for training the specific staff of the Licensee.

Licensee's acceptance of Licensor's training shall be in accordance with the reasonable requirements of Licensor.

3. Licensee may send personnel to the Licensor for training and technical guidance.

4. The quality of technical services and training shall be subject to the ability of the trained personnel to master the technology.

5. All costs incurred in technical services and training, such as travel expenses, food expenses, etc., are borne by Licensee.

6. After the licensor completes the technical service and training, the acceptance certificate file will be signed by both parties.

Article 9 Provision and sharing of follow-up improvements

1. During the period of validity of the contract, any party's improvement of the contract technology shall be notified to the other party in a timely manner.

2. There is substantial substantial improvement and development, and the right to apply for a patent is agreed by the parties to the contract. If there is no agreement, the right to apply for a patent belongs to the improvement party, and the other party has the priority, the price is allowed, or the right to use the technology for free.

3. It is a minor improvement on the basis of the original, and the two sides provide each other free of charge.

4. When the improved technology has not been patented, the other party shall be obligated to maintain the technology and shall not disclose, license or transfer the improved technology to others without permission.

5. A major improvement made by both parties, the right to apply for a patent is shared by both parties, unless otherwise agreed.

Article 10 Breach of Contract and Claims

For the licensor:

1. The Licensor refuses to provide the technical materials, technical services and training as stipulated in the contract. The Licensee has the right to terminate the contract and require the Licensor to return the usage fee and pay the default amount.

2. If the licensor fails to provide the technical information and training to the licensee without due cause, the licensee shall pay the default amount for each week after the overdue period. The licensee shall have the right to terminate the contract and request Return the usage fee.

3. In an exclusive license, the license licenses the patented technology to a third party other than the licensee, and the licensee has the right to terminate the contract and request payment of the default.

4. In an exclusive license, the licensor implements or licenses a third party other than the licensee to implement the patented technology, and the licensee has the right to request the licensor to stop such enforcement and licensing, and to terminate the contract and request Licensor pays the default amount.

For Licensee:

1. If the licensee refuses to pay the user fee, the licensor has the right to terminate the contract, request the return of all technical materials, and claim compensation for the actual loss and payment of the breach of contract.

2. If the licensee delays payment of the usage fee, it shall pay the licensor's default amount for each overdue period; if the overdue period is exceeded, the licensor has the right to terminate the contract and request payment of the default amount.

3. The licensee violates the contract and expands the scope of the license to the licensed technology. The licensor has the right to require the licensee to stop the infringement, compensate the loss, pay the breach of contract, and have the right to terminate the contract.

4. The licensee violates the confidentiality obligations of the contract, causing the licensor's technical secrets to be disclosed. The licensor has the right to require the licensee to immediately stop the breach and pay the breach of contract.

Article 11 Responsibility for the rejection of a patent application

1. The Licensor shall return all or part of the User Fee to the Licensee if the Licensor is not a legal applicant for the patent application or if the patent application for the subject matter of the application that is not fully disclosed is rejected by the Patent Office.

2. If the licensor infringes the patent right or patent application right of another person, the patent application is rejected by the patent office, and if the licensee fails to cause losses to the licensee, the licensor shall return the full use fee to the licensee.

If the licensee has caused losses, the licensor shall also compensate the licensee for the loss, in the amount of RMB.

3. For other reasons, if the patent application is rejected, the user fee will not be refunded. If a large loss is caused to the licensee, compensation may be agreed upon as the case may be.

4. You can also agree on other situations.

Article 12 Force majeure

1. In the event of a force majeure event that is not transferred by the will of both parties, the parties shall do the following: 1) Take appropriate measures to mitigate the loss. 2) Notify the other party in a timely manner. 3) During the period, a certificate that the contract cannot be fulfilled is issued.

2. The contract is postponed due to a force majeure event.

3. A force majeure event occurs. In the case of a contract, the contract can only perform a certain part.

4. A force majeure event occurs and the contract expires if the duration is exceeded.

Article 13 Taxes

1. For both the licensor and the licensee are Chinese citizens or legal persons, the tax payable on the use fees covered by this contract shall be taxed by the licensor in accordance with the tax laws of the People's Republic of China.

2. If the licensor is an overseas resident or unit, the licensor shall pay taxes according to 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 Tax.

3. If the licensor is a Chinese citizen or legal person and the licensee is an overseas unit or individual, the tax will be paid according to the tax laws of the other country or region.

Article 14 Settlement of disputes

1. If a dispute arises between the two parties in the performance of the contract, they shall settle the dispute on their own terms in accordance with the terms of the contract.

2. If the two parties cannot negotiate to resolve the dispute, they shall be referred to the patent management authority for mediation, and if they are dissatisfied with the result of the mediation, they shall bring a suit in a people's court.

3. If there is a dispute between the two parties and cannot be settled, they shall bring a suit in a people's court.

4. If there is a dispute between the two parties and cannot be settled, it shall be submitted to the Arbitration Commission for arbitration.

Note: 2, 3, 4 can only choose one.

Article 15 Entry into force, change and termination of the contract

1. This contract shall become effective on the date of signature and seal of both parties, and the validity of the contract shall be one year.

2. After the patent application is granted a patent right, the contract is automatically changed to a patent implementation license contract from the date of authorization. The royalties of the patent technology are increased by the use fee of the contract;

Or increase %

Or commission increase of %

Or increase in shares by %

Or increase by a factor of two.

3. After the patent application is rejected, the contract is automatically changed to a general non-patent technology transfer contract, and the technology transfer fee is reduced by the use fee of the contract;

Or reduce %

Or commission reduction by %

Or share reduction by %

Or the technology transfer fee is equivalent to the use fee of this contract.

4. If the licensee fails to implement the patent application technology without justified reasons, the contract will be changed to a general license contract after the contract becomes effective.

5. Except for the termination of the contract as stipulated in other clauses of this contract, the licensor shall maintain the validity of the patent application right, and if the patent application right is terminated due to the negligence of the licensor, the contract shall be terminated.

6. This contract is terminated due to the licensee's reason that the contract cannot be performed normally, or the parties agree to change the relevant terms of this contract.

Article 16 Others

The first fifteen articles are not included, but this contract requires special agreement, including how to solve unforeseen technical problems, how to solve unforeseen legal problems.