What does a general patent implementation contract include?
General patent implementation is the most basic way of patent transfer. What does a general patent implementation contract include? A general patent trial contract must include the transferor of the patent right, the transferee of the patent right, the content and implementation method of the patent right, the rights and obligations of the transferee and the transferee, the liability for breach of contract and compensation. First, the main terms of a patent licensing contract generally include the following aspects: the content of patented technology and the way of patent implementation; The type of license contract; The validity period and geographical scope of the license contract; Technical guidance and technical service terms; Warranties and guarantee clauses for patent defects; Patent license fee and payment method; Liability for breach of contract and calculation method of liquidated damages or compensation for losses. In addition to the above, other matters that both parties consider necessary can be agreed upon. For example: force majeure clause; Attribution of patented technology improvement achievements; The solution of the dispute; Interpretation of key nouns and terms. Second, what is the general implementation license contract? General licensing contract is the most common way of patent licensing. Generally, the transferor who implements a licensing contract allows the transferee to use the patented technology within the scope stipulated in the contract, and reserves the right to exploit the patented technology by itself and the right to allow any third party to exploit the patented technology within the scope. With the special permission of the transferor, the transferee has the right to transfer the right to use the patented technology to a third party in the designated area. This kind of sublicense contract is also called distributable implementation license contract, and sublicense belongs to joint implementation license. Article 12 of the Patent Law: Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. Detailed Rules for the Implementation of the Patent Law Article 14 Where the patent right is transferred for other reasons except in accordance with the provisions of Article 10 of the Patent Law, the parties concerned shall go through the formalities for the transfer of the patent right with the relevant certification documents or legal documents to the patent administration department of the State Council. The patent licensing contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect. Where the patent right is pledged, the pledger and pledgee shall register the pledge with the patent administration department of the State Council. As the most common and basic way of patent transfer, the general implementation of patent can be subdivided into several types. When signing a contract, it is necessary to find out whether it is a production license, a use license or a sales license, and whether it can be re-transferred. The rights and obligations of both parties are different in different patent implementation methods, so it is very important to distinguish the types of contracts.