Does the technology transfer contract need to be filed in the original?
1. Do you need the original technology transfer contract for filing? Generally, the original technology transfer contract needs to be filed, so when signing the contract, it is necessary to know which departments need to be filed and sign more originals as appropriate. A technology transfer contract is an agreement that the transferor transfers the ownership or use right of a technological achievement to the transferee, and the transferee must pay the contract price or use fee. Including patent transfer contract, patent licensing contract, non-patented technology transfer contract and so on. Two. Characteristics of technology transfer contract 1. Specificity According to the identification rules of technology contracts, the subject matter of technology transfer contracts is the technological achievements mastered by the parties when concluding the contracts, including invention-creation patents, technical secrets and other intellectual property achievements. The subject matter of a technology contract is very extensive, which can be the technological achievements that can be applied by various departments of industry, agriculture, transportation, medical and health care, environmental protection, national defense construction and national economy, and is not limited by industries, professions and natural science disciplines. However, the subject matter of a technology transfer contract must be the existing technological achievements, excluding those that have yet to be researched and developed. If the parties focus on the technological achievements that have not yet been researched and developed, they shall conclude a technology development contract instead of a technology transfer contract. 2. Integrity According to the identification rules of technology contracts, the subject matter of technology transfer contracts must be complete and practical, and the relevant technical contents constitute products, processes, materials, varieties and their improved technical solutions. In technical consultation and technical service contracts, one party will also provide the other party with technical information and data of consulting services, but this is essentially different from the technical scheme with complete technical content, which is also an important difference between the technology transfer contract and the technical consultation and technical service contract. 3. Although the performance of the ownership technology transfer contract is formally manifested as the transfer of technical documents or technical solutions with drawings, materials, disks, tapes, etc. as material carriers between the parties, it is essentially the transfer of ownership of patent application rights, patents, technical secrets and patent licensing rights between the parties. 4. Legitimacy Because the technology transfer contract involves patents, technical secrets and other issues, in addition to the contract law, it is also bound by intellectual property laws such as the Patent Law. 5. Recognition conditions According to the Regulations on Recognition of Technology Contracts, the recognition conditions of technology transfer contracts are: (1) the technological achievements mastered by the parties to the contract at the time of concluding the contract, including invention-creation patents, technical secrets and other intellectual property achievements. (2) The subject matter of the contract is complete and practical, and the relevant technical contents should constitute technical solutions for improving products, processes, materials and varieties. (3) The parties have a clear agreement on the ownership of the intellectual property rights of the subject matter of the contract. At the same time, the Rules for the Identification of Technology Contracts also stipulates that the subject matter of a technology contract is a technical secret and should meet the following conditions: (1) Not known to the public. (2) It can bring economic benefits to the obligee. (3) strong practicability. (4) The obligee has taken confidentiality measures. All or substantial parts of technical secrets have been made public, that is, they can be obtained directly from public information channels, and should not be regarded as technology transfer contracts. Technology transfer contracts usually need to be filed with relevant departments, and the original contract needs to be provided when filing, so it is recommended that you sign multiple technology transfer contracts as backup. The process of filing the technology transfer contract and the materials needed in it can be found on the website. If you don't handle it yourself, you can also choose a tripartite agency to handle it.