Party A's ID card: _ _ _ _ _ _ _ Party B's ID card: _ _ _ _ _ _ _ _ _
Party A's telephone number: _ _ _ _ _ _ _ Party B's telephone number: _ _ _ _ _ _ _ _ _ _ _ _ Party B's telephone number: _
Address of Party A: _ _ _ _ _ _ _ _ Address of Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Whereas Party B knows Party A's patented technology, is willing to implement and purchase Party A's patented technology, and has the technical strength, material conditions, legal person qualification and necessary funds, both parties enter into this contract through full consultation based on the principles of equality, voluntariness, mutual benefit, compensation and good faith for mutual compliance.
The first definition
1. 1 patent: The patent referred to in this contract refers to the invention patent (or utility model patent or design patent) authorized by China Patent Office. The patent number is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1.2 patent application: the patent application referred to in this contract refers to the patented technology with the name of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ with Party A as the applicant, which has been or has not been published (announced) by the China Patent Office.
Date of application: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1.3 general technology: refers to the technology owned by Party A that has not been patented or has been declared invalid in connection with the implementation of this patent.
1.4 technical secret: refers to the undisclosed technology that is necessary, feasible and can achieve the expected effect during the patent implementation of Party A, and its name.
1.5 contract technology: refers to the patents, (or patent applications) general technology, technical secrets and all information about patents and general technology that Party A allows Party B to use.
1.6 All technical data: including patent application documents and technical data related to patent implementation (product design drawings, process drawings, process formula, process flow, list of tools and equipment required for manufacturing contract products, etc.). ).
1.7 contract products: refers to the products manufactured by party b using the contract technology, and the product name is _ _ _ _ _ _ _ _ _ _ _ _.
1.8 technical services: refers to the services provided by Party A for Party B to implement the contract technology, including the teaching of contract technology by Party A to Party B and the training of relevant personnel of Party B. ..
1.9 sales: refers to the total amount of contract products sold by Party B. ..
Net sales 1. 10: refers to the total amount of contract products sold by Party B minus packaging fees, transportation fees, taxes, advertising fees and commercial discounts.
1. 1 1 General implementation license contract: refers to that while Party A authorizes Party B to implement the contract technology within the time limit, area and technical scope stipulated in the contract, Party A reserves the right to use the technology and can continue to license any unit or individual other than Party B to use the technology.
1. 12 exclusive license contract: refers to that while Party A authorizes Party B to implement the contract technology within the time limit, area and technical scope stipulated in the contract, Party A reserves the right to use the technology, but shall not permit any unit or individual other than Party B to use the technology.
1. 13 exclusive license contract: Party A authorizes Party B to use the contract technology within the time limit, area and technical scope specified in the contract, and no unit or individual other than Party A and Party B may use the contract technology.
Article 2 Scope of implementation license
2. 1 Party A permits Party B to use Party A's patented technology, patent application technology and technical secrets related to the implementation of this technology.
2.2 Party A allows Party B to use all information of the contract technology, including manufacturing, using and selling the contract products; Quality and technical inspection standards and product inspection methods of contract products.
2.3 This contract is a (general, exclusive or exclusive) implementation license contract. Party B shall implement the contract technology in this area within the time limit stipulated in the contract. Without the consent of Party A, Party B shall not engage in joint venture with a third party to expand the scope of implementation without authorization, nor shall it have the right to license the contract technology to a third party. If Party A agrees to Party B's transfer to a third party, a sub-licensing contract will be signed separately.
Article 3 technical data
3. 1 after this contract comes into effect, party a (or intermediary agency) shall deliver the technical data stipulated in the contract to party b within _ _ _ _ days after receiving the entrance fee paid by party b to party a. ..
3.2 The technical data delivered by Party A to Party B shall be complete and clear. The contents and specifications of drawings and materials shall conform to the relevant national standards and regulations.
3.3 Party B shall carefully check and check the technical data submitted by Party A within _ _ days after receiving it. If it is found that it does not meet the above requirements, it shall be submitted to Party A within _ _ _ days, and Party A shall supplement or replace it within _ _ _ _ days; If the technical data meet the requirements, Party B shall sign the acceptance confirmation of the technical data to Party A. ..
Article 4 Royalty and its payment method
4. 1 The usage fee of this contract consists of two parts: entry fee and royalty fee, in which the entry fee is RMB yuan, and the royalty fee is extracted according to% of the net sales of the contract products.
4.2 Within _ _ _ days after this contract comes into effect, Party B shall pay Party A (or the intermediary) the entry fee (or deposit) of RMB _ _ _ _ _.
4.3 Party B shall pay the royalty to Party A within _ _ _ _ _ days after the end of each quarter from the date when the contract products are sold.
4.4 Party A has the right to consult the relevant accounts of Party B's implementation of the contract technology.
(Note: If one-time payment or installment payment is adopted, it is only necessary to stipulate that Party B shall pay the use fee to Party A within _ _ days after the contract comes into effect. )
Article 5 Technical Services
5. 1 Party A is responsible for teaching Party B the relevant contents of the contract technology within _ _ days after the contract comes into effect, and answering questions raised in the implementation of the contract technology.
5.2 During Party B's trial production of the contract products, Party A shall send qualified technicians to Party B's site for technical guidance and be responsible for training Party B's technicians and trial production personnel. The conditions and cultural level of Party B's trainers shall meet the reasonable requirements put forward by Party A. ..
5.3 If Party B does not pay the technical service fee for the personnel sent by Party A to Party B, the usage fee shall be appropriately increased, but Party B shall ensure the necessary working and living conditions for Party A's personnel, such as travel expenses and food standards.
5.4 After Party A completes the above technical services, it is accepted by both parties, and the acceptance certificate is signed by * * *.
5.5 After the acceptance of technical services, if Party B needs it, Party A's personnel will go to Party B for on-site guidance, and the standards of technical service fees, travel expenses and meals will be negotiated separately by both parties.
Article 6 Trial production and acceptance of contract technology
6. 1 party b shall manufacture and produce the contract products according to the contract technology of party a. If the trial production is unsuccessful due to Party B's reasons, Party A shall assist Party B to conduct the trial production again. If the contract products still cannot be produced, Party A has the right to terminate the contract without returning the royalties. If the same trial production is unsuccessful due to Party A, Party B has the right to terminate the contract, and Party A will refund the royalties and compensate Party B for the losses.
6.2 After the trial production of the contract products is successful, the contract products produced by Party B using the contract technology shall be accepted according to the technical performance indicators specified in the contract.
6.3 The acceptance of the contract products shall be entrusted by Party B to the product quality inspection department recognized by the state, or appraised by Party B with the participation of Party A, and the required expenses shall be borne by Party B. ..
6.4 If the product fails to pass the acceptance, both parties shall negotiate, and representatives of all parties shall investigate the reasons and determine the responsibilities of both parties.
6.5 If it is not Party B,