Technology transfer (patent implementation license) contract

Contract number:

Technology transfer contract

project name:
Transferee:
Let the party:
Signing time:
place of signing:
Validity period:

Ministry of Science and Technology

Completion Instructions

1. This contract is a model text of the technology transfer contract formulated by the Ministry of Science and Technology of the People's Republic of China.
2. This contract applies to a contract whereby the transferee grants the patent to the assignee within the agreed scope and the transferee pays the agreed use fee.
3. If one of the contracting parties is a plurality of parties, they may be arranged as a common assignee or a common assignor under the terms of “contractor” and “trustee” according to their respective roles in the contractual relationship.
4. The matters not covered in this contract may be separately agreed by the parties' attached pages and shall be an integral part of this contract.
5. When the parties use this contract, they stipulate that there is no need to fill in the terms, and the words “none” should be indicated in the clause.
Transferee:
Place of residence:
Legal representative:
Project Contact:
Contact address:
phone:
fax:
email:
Transferee:
Place of residence:
Legal representative:
Project Contact:
Contact address:
phone:
fax:
email:
Party B of this contract permits Party A to implement the patent rights it owns, and Party A accepts the license for the implementation of the patent and pays the corresponding implementation license fee. On the basis of fair and full expression of their respective wishes, the two sides reached the following agreement in accordance with the provisions of the Contract Law of the People's Republic of China and are jointly abided by both parties.
Article 1 The patent rights granted by this contract:
1. It is a patent.
2. Inventor / Designer: .
3. The patentee is:
4. Patent Authorization Date:
5. Patent No:.
6. Patent validity period: .
7. The annual patent fee has been paid to:
Article 2 The basic conditions for Party B to implement the license before the entry into force of this contract are as follows:
1. The status of Party B's implementation of this patent right:
.
2. Party B permits others to use this patent right:
.
Article 3 Party B permits Party A to implement this patent in the following scope, manner and time limit:
1. Implementation method:
.
2. Implementation scope:
.
3. Implementation period:
.
Article 4 In order to ensure the effective implementation of this patent by Party A, Party B shall submit the following technical materials to Party A:
1. ;
2. ;
3. ;
4. .
Article 5 The time, place and manner of submitting technical materials by Party B are as follows:
1. Submission time:
2. Place of submission:
3. Submission method:
Article 6 In order to ensure the effective implementation of this patent by Party A, Party B shall transfer to Party A the technical secrets related to the implementation of this patent:
1. The content of technical secrets:
.
2. Implementation requirements for technical secrets:
.
3. Confidentiality and duration of technical secrets:
.
Article 7 In order to ensure the effective implementation of this patent by Party A, Party B shall provide Party A with the following technical services and technical guidance:
1. Technical service and technical guidance content:
.
2. Technical service and technical guidance:
.
Article 8 The two parties determine that Party B permits Party A to implement this patent and transfer technical secrets, provide technical services and technical guidance, and accept and accept the following standards and methods:
1.
2.
3.
Article 9 Party A shall pay to Party B the implementation of the royalties and payment methods:
1. The total license fee for use is:
Among them: the use fee for technical secrets is:
Technical service and guidance fees are:
2. Party A shall pay Party B the license implementation fee.
The specific payment method and time are as follows:



The bank name, address and account number of Party B are:
Bank of deposit:
address:
account number:
3. The parties determine that Party A has the right to use Party B's license to pay Party B's license fee, and Party B has the right to inspect Party A's relevant accounting accounts in a manner.
Article 10 Party B shall guarantee that its license to implement the patent does not infringe the legal rights and interests of any third party. If a third party accuses Party A of infringing the patent right, Party B shall.
Article 11 Party B shall maintain the validity of this patent right within the validity period of this contract. If the patent right is terminated due to the fault of Party B, Party B shall pay Party A liquidated damages or compensate losses according to the provisions of Article 16 of this contract.
If the patent right is declared invalid by the national patent administrative authority, Party B shall compensate Party A for the loss, but Party A has already paid Party B's usage fee and will not return it.
Article 12 Party A shall start implementing this patent within the day after the entry into force of this contract; if it is not implemented within the time limit, Party B shall promptly notify Party B and give proper explanation, and Party B shall obtain approval from Party B. If Party A fails to implement this patent on the date of overdue and does not explain it, and Party B shall provide Party B with the proceeds of the transfer, Party B shall have the right to request Party A to pay liquidated damages or compensate for the loss.
Article 13 The parties determine that, in the performance of this contract, neither party may limit the technical competition and technological development of the other party in the following manner:
1. ;
2. ;
3. .
Article 14 The parties determine:
1. Party A has the right to use the patented technology and technical secrets approved by Party B for subsequent improvement. The resulting new technological achievements with the characteristics of substantial or creative technological progress are all owned. The specific relevant benefits are distributed as follows:
.
2. Party B has the right to make subsequent improvements to the inventions and technical secrets involved in the patent rights after Party A has licensed the patent. The resulting new technological achievements with the characteristics of substantial or creative technological advancement are owned by the parties. The specific relevant benefits are distributed as follows:
.
Article 15 Changes to this contract must be agreed by both parties and determined in writing. However, in any of the following circumstances, one party may submit a request for change of contractual rights and obligations to the other party, and the other party shall reply within the day; if it fails to reply within the time limit, it shall be deemed as:
1. ;
2. ;
3. ;
4. .
Article 16 The two parties shall determine their respective liabilities for breach of contract in accordance with the following provisions:
1. Party violates the provisions of Article 1 of this contract and shall.
2. Party violates the provisions of Article 1 of this contract and shall.
3. Party violates the provisions of Article 1 of this contract and shall.
4. Party violates the provisions of Article 1 of this contract and shall.
Article 17 The two parties determine that during the term of this contract, Party A shall designate Party A as the project contact, and Party B shall designate Party B as the project contact. The project contact assumes the following responsibilities:
1. ;
2. ;
3. .
If one party changes the project contact, it shall promptly notify the other party in writing. If it is not notified in time and affects the performance of this contract or causes losses, it shall bear corresponding responsibility.
Article 18 The parties determine that the following circumstances have caused the performance of this contract to become unnecessary or impossible, and this contract may be terminated:
1. Force majeure occurs;
2. ;
3. .
Article 19 Any dispute arising from the performance of this contract by the two parties shall be settled through consultation and mediation. If the negotiation or mediation fails, it shall be determined in the following manner:
1. Submitted to the Arbitration Commission for arbitration;
2. Prosecuted to the people's court according to law.
Article 20 The parties shall determine: the relevant nouns and technical terms involved in this contract and related subsidiary files are defined and explained as follows:
1. ;
2. ;
3. ;
4. ;
5. ;
Article 21 The following technical files related to the performance of this contract shall be an integral part of this contract after being confirmed by both parties:
1. Technical background information: ;
2. Feasibility argument report:
3. Technical evaluation report: ;
4. Technical standards and specifications:;
5. Original design and craft archives:;
6. Other: .
Article 22 The parties agree that other relevant matters of this contract are:
.
Article 23 This contract is of the same legal effect.
Article 24 This contract shall become effective after it has been signed and sealed by both parties. Party A:
Legal representative / authorized agent:
Year, month and date Party B:
C method representative representative / agent:
Project person in charge of the year, month and day:
The stamp duty stamp is posted on the date:

Technical contract registration certificate

Registration number*

:
According to the relevant provisions of the “Technical Contract Recognition Registration Management Measures” and the “Jiangsu Province Technical Contract Registration Management Measures”, the contract signed by your organization is subject to the technical contract referred to in the “Contract Law of the People’s Republic of China”, and the contractual agreement amount is RMB. Yuan, in which the technical transaction amount is RMB yuan, it is now registered.
Please apply to the Science and Technology Administration for approval within 30 days from the date of the agreement.
Registration agency:
Presiding Registrar No.:
Review Registrar Number:
Issuer of registration certificate: * The registration certificate number shall be numbered according to the coding method determined by the National Technology Market Statistics Survey of the Ministry of Science and Technology in May 1999.