What are the types of technology transfer contracts, including patent right transfer, patent application right transfer and technology secret transfer? Technology licensing contracts include patent licensing, technology secret licensing and other contracts. Technology transfer contracts and technology licensing contracts shall be in written form. Technology transfer contracts include the following types: (1) patent transfer contracts. Patent transfer contract refers to a contract in which the patentee, as the transferor, transfers the ownership or holding right of the invention-creation patent to the transferee, and the transferee pays the agreed price. Patent transfer refers to the transfer of ownership of patented technology. According to the contract, the transferee pays the patent fee to the transferor, and the transferor gives the patent right to the transferee, and the transferee becomes the new patentee. (2) Patent application right transfer contract. A contract for the transfer of patent application right refers to a contract in which the transferor transfers his patent application right for a specific invention to the transferee, and the transferee pays the agreed price. According to the contract, the patent application right is transferred to the transferee, and the transferee pays the transfer fee to the transferor to become a new patent applicant. (3) Technical secret transfer contract. A technical secret transfer contract refers to a contract in which the transferor provides the technical secret achievements owned by the transferor to the transferee, defines the right to use and transfer the technical secret achievements between the two parties, and the transferee pays the agreed use fee. (4) Patent licensing contracts. A patent licensing contract refers to a contract in which the patentee or his authorized person acts as the transferor to license the transferee, that is, to exploit the patented technology within the agreed scope, and the transferee pays the agreed royalties. The patent licensing contract transfers part or all of the right to use the patent, and the patent right still belongs to the patentee. According to the scope of patent use rights agreed by both parties, patent licensing contracts can be divided into exclusive licensing contracts, exclusive licensing contracts and general licensing contracts. The so-called exclusive license contract refers to a contract in which the patentee, as the transferor, allows the transferee to exploit his patent within the agreed scope, and the patentee is not allowed to exploit the patent by himself or a third party within this scope, and the transferee pays the agreed royalties. The agreed scope refers to the time limit, area and mode of patent exploitation license. After concluding an exclusive license contract, the patentee has transferred all the right to use the patent to the assignee within the agreed scope, so he has no right to conclude a patent license contract with a third party for the same patent or to use the same patent by himself. An exclusive exploitation license refers to a contract in which the patentee, as the assignor, permits the assignee to exploit the patent within the agreed scope, within which the patentee may not license a third party to exploit the patent, but still reserves the right to exploit the patent himself, and the assignee pays the agreed royalties. The agreed scope also refers to the time limit, area and mode of patent exploitation license. A joint licensing contract refers to a contract in which the patentee, as the transferor, licenses the transferee to exploit its patent within the agreed scope, and the patentee can continue to license a third party to exploit the same patent within the same scope or to exploit it by itself, and the transferee pays the agreed royalties. The general licensing contract reserves the right of the transferor to exploit the patent by himself and license others to exploit the patent within the scope agreed by the licensee, and it can be transferred several times in a row. In addition, the product invention or utility model patent can take the form of production license, use license and sales license. Different technology transfer contracts will have different effects on your rights. When you have the intention to transfer, you must sign the corresponding contract according to your actual demands, so as to maximize economic benefits and protect your rights. The above is the relevant knowledge about the types of technology transfer contracts compiled by Bian Xiao. If you have any questions, you are welcome to go online for legal advice.
Legal objectivity:
Article 863 of the Civil Code of People's Republic of China (PRC) includes patent right transfer, patent application right transfer and technical secret transfer. Technology licensing contracts include patent licensing, technology secret licensing and other contracts. Technology transfer contracts and technology licensing contracts shall be in written form. Article 864 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * A technology transfer contract and a technology licensing contract may stipulate the scope of exploitation of patents or use of technical secrets, but shall not restrict technology competition and technology development.