Patent implementation license contract model

[Legal Education Network]

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", the parties have signed the agreement by consensus

contract.

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 following technical information to the transferee 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: ____________

_____ within the year to the transfer party by ____% of the output value

Pay the commission fee. 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 technical scope, geographical scope and period of the contractual agreement

Within the limits, the third party outside the contract may not be permitted to implement the patent;

The technical scope, geographical scope and duration of the contractual agreement of the transferor

Do not implement or permit third parties to implement the patent on their own.

6. Technical Performance Guarantee Terms

The Transferor undertakes to assume the warranty obligations for the following technical performance and indicators of this patented technology: ____.

When the patented technology does not meet the agreed technical specifications in the implementation, the transferor shall refund all

The usage fee and the additional expenses incurred by the transferee.

7. The transferor does not have the economic benefits of implementing this patent.

Bear the obligation of guarantee.

8. Patent right warranty clause

The transferee guarantees to the transferee that at the time of the conclusion of this contract, the patent does not have the following defects: 1

The right is subject to the right of property or mortgage; 2 the implementation of this patent is subject to another existing patent license; 3

The existence of the right to use the patent; 4 the existence of a compulsory license; 5 has been approved by the government for the “plan promotion permit”

Situation; 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.

Refusal to pay the usage fee and the transferor is required to compensate for the additional expenses incurred thereby.

9. In the course of the performance of this contract, if a third party filed an infringement complaint, the transferor should attend the court.

Prosecute and bear legal responsibility

If the patent defendant is invalid after the entry into force of this contract, the contract will be cancelled. Invalidation of patent invalidation

Before the determination, the transferee has already paid the user fee, and the transferee may not request the transferor to return it.

10. The assignor’s liability for breach of contract

Since the transferor fails to pay the patent annual fee and the patent right is invalid, the amount to be paid to the transferor is _

__ liquidated damages.

The transferor has not delivered technical information and provided technical guidance within two months, and the transferee has the right to terminate the contract.

with. The transferor shall return the use fee and pay a penalty of ___.

The transferor has been licensed

If the patent is executed within the scope of the patent, and the same patent is concluded with another person, the patent shall be returned.

The law proceeds, the amount of payment is ____ liquidated damages.

If the transferor implements the patented technology itself within the scope of permitting the transferee to implement the patent, it shall stop the implementation of the act and pay the transferee a violation of the amount of ____.

About gold.

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. Transferee

The user fee shall be paid and the penalty amount of ____ shall be paid.

The transferee implements the patent beyond the scope of the contract, or communicates with others without the permission of the transferor.

In the case of entering into a re-transfer license, the illegal income shall be returned and the liquidated damages in the amount of ____ shall be paid.

12. Sharing methods for subsequent improvements

The patent application rights of the new inventions created by the two parties on the basis of this patented technology are classified.

The party to the invention is owned by the other party, but the other party has the right to preferentially transfer and use the technological achievements. Both sides have another

The agreement is subject to the agreement.

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 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: __________