Patent application right transfer contract

Patent application name _______________________ Patent application number _________________________

Transferor name _________________________ address_______________________________ Representative _____________________________

Transferee name _________________________ address _______________________________ representative _____________________________

Deed registration number _________________________ Signing place __________________________

Date of signing ________ years ______ month ______ day

Producer of the Patent Office of the People's Republic

Foreword

Article 1 Time, place and method of delivery of the second article of delivery information to the transferee Article 3 Implementation and implementation of the patent application and the method of disposal Article 4 Transfer fee and payment method Article 5 Priority Measures Article 6: Responsibility for Rejection of Patent Application Article 7 Transition Period Clause Article 8 Taxes and Fees Article 9 Breach of Contract and Claims Article 10 Dispute Resolutions Article 11 Other Article 12 Contracts Enter into Force

- In view of the fact that the transferor has a patent application, its patent application number is published, the filing date is ____, and the publication date is ____;

- and have the priority of the patent application;

- In view of the transferee's knowledge of the above patent application, it is hoped that the patent application right will be obtained;

- the transferor agrees to transfer the patent application right it owns to the transferee;

- in view of the priority of the transferee wishing to obtain the patent application;

- the transferor agrees to transfer the priority of the patent application it owns to the transferee;

Both parties unanimously agreed to sign this contract

Article 1 Transfer of the transferee to the transferee

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 the Chinese Patent Office to the transferor, including acceptance notices, intermediate files, authorization decisions, etc.

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

4. A valid proof of the patent application right issued by the Chinese Patent Office. Refers to the latest patent application maintenance fee payment certificate.

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

Article 2 When, where and how to deliver the materials

1. The time of delivery of the materials;

After the contract takes effect, the transferor shall, within ____ days after receiving the transfer fee paid by the transferee to the transferor, transfer the transfer of all the information mentioned in the first article of the contract, or the transfer of the contract ____ day The transferee shall deliver all the materials mentioned in the first article of the contract. If it is part of the information, the transferee shall deliver the remaining information to the transferee within ____ days after the transferee delivers the transfer fee to the transferor.

2. The method and place of delivery of the information The transferor shall submit all the above information to the transferee by face-to-face, registered mail or air, and submit the list of materials to the transferee by face-to-face, mail or fax. The air waybill is delivered to the transferee by face-to-face or postal delivery.

All materials are delivered at the location of the transferee or agreed by both parties.

Article 3 Status and Disposal of Patent Application Implementation and Implementation Permit Before the signing of this contract, if the transferor has implemented the patent application, the contract may stipulate that after the contract is signed into effect, the transferor may continue to implement or stop the application of the patent. . If the contract is not agreed, the transferor shall stop implementing the patent application. It may be agreed that the transferor will continue to implement and exempt from the use fee.

Prior to the signing of this contract, the transferor has licensed the license contract that has been implemented by others, and its rights and obligations are transferred to the transferee from the effective date of the signing of this contract.

Article 4 Transfer Fees and Payment Methods

1. The transfer fee for the patent application right involved in this contract is the one-off payment method, within ____ days from the effective date of the contract, or within ____ days after the announcement of the patent office, the transferee will transfer the transfer fee To the transferor's account number, or to the transferor or transferor in cash.

2. The transfer fee for the patent application right involved in this contract is paid by installment payment, within ____ days from the effective date of the contract, or within ____ days after the announcement of the patent office, the transferee will transfer the transfer fee_ ___% remitted to the transferor's account number; within ____ days after the transferee delivers all the information, the transferee will remit the remaining transfer fee to the transferor; or after the contract is effective, pay within ____ days, pay within ____ months , ____ months to pay the yuan, and finally pay the rest of the transfer fee within ____ months.

Payment method using bank transfer, cash payment location ________________

Article 5: Treatment of Priority Priority of Foreign Priority:

1. No transfer of priority, the priority belongs to the original patent applicant, that is, the transferor of this contract;

2. Transfer of priority, the transfer method and the transfer of the patent application right, and the contract shall take effect at the same time;

Handling of national priorities:

National priority must be transferred with the patent application right.

3. If the priority is transferred, proof of priority shall be provided.

Article 6 The responsibility for the rejection of a patent application shall be rejected by the Patent Office if the transferor is not a legal applicant for the patent application or infringes the patent right or patent application right of the other party. The transferor returns the entire transfer fee and pays the liquidated damages. ____yuan;

The patent application is rejected by the Patent Office for the subject matter of the application for which the transferor has not fully disclosed its patent application protection, and the transferor returns all or part of the transfer fee;

In other cases, if the patent application is rejected, the transferor shall not return the transfer fee;

After the registration of this contract is announced, the transferee shall be responsible for replying to the relevant notice of the Patent Office and paying the relevant fees. If the patent application is rejected after the registration announcement, the transferee shall bear the rights and obligations;

The parties may also agree on other circumstances.

Article 7 Transitional Terms

1. After the signature of this contract comes into effect, the transferor shall maintain the validity of the patent application on the date of registration of the patent office. During this period, the maintenance fee, application, and substantive examination request fee to be paid shall be paid by the transferor.

2. After the contract is registered with the Patent Office, the transferee is responsible for maintaining the validity of the patent application.

3. During the transition period, due to force majeure, the transferor or the transferee cannot perform the contract, and the contract is terminated.

Article 8 Taxes

1. If the transferor and the transferee are Chinese citizens or legal persons, the tax required for the transfer fee involved in this contract shall be taxed by the transferor in accordance with the tax laws of the People's Republic of China.

2. If the transferor is an overseas resident or unit, the tax shall be paid 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 Tax.

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

Article 9 Breach of Contract and Claims to the Transferor:

1. If the transferor refuses to deliver all the materials stipulated in the contract and handles the transfer of the patent application right, the transferee has the right to terminate the contract, request the transferor to return the transfer fee, and pay the liquidated damages.

2. The transferor has no justification. If the transfer of the patent application right is overdue to the transferee, the transfer of the patent application right includes a change to the patent office. If the overdue period is over, the liquidated damages will be paid ____, overdue for two months, the transferee has the right. Terminate the contract and request a refund of the transfer fee.

3. According to Article 7, if the default is breached, the transferor shall pay liquidated damages.

____. For the transferee:

1. If the transferee refuses to pay the transfer fee, the transferor has the right to terminate the contract, request to return all the information, and claim compensation for the loss or payment of liquidated damages of ____ yuan.

2. The transferee delays payment of the transfer fee, and pays a penalty of ____ yuan for each overdue ___; over two months, the transferor has the right to terminate the contract and demand payment of liquidated damages ___. 3. breach of contract under Article 7. The transferee shall pay a default ____.

Article 10: Solutions to disputes

1. If a dispute arises between the two parties in the performance of the contract, they shall, in accordance with the terms of this contract, negotiate in good faith and resolve it on their own.

2. If the two parties cannot negotiate to resolve the dispute, they shall be referred to the locality of the transferee or the patent administration authority of the contracted contractor for mediation. 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, an arbitration commission shall be requested to arbitrate.

Note: 2.3.4 can only choose one.

Article 11 Others that are not included in the first ten articles, but require special agreement, including how to make unforeseen technical problems; how to agree on unforeseen legal issues.

Article 12 Entry into Force of the Contract The signing of the contract shall be binding on both parties, and the contract shall have legal effect from the date on which the Patent Office registers and announces the “Changes in Bibliographic Items” made by both parties.

Licensor's signature: ___________________ License method representative signature: ___________ _________ year ________ month ________ day

Licensee's signature: _________________ Licensed method representative's signature: _________ _________ year ________ month ________ day