1. Subject qualification examination: both parties to the contract shall investigate the asset status, credit status and legal subject qualification of the other party.
2. Both parties shall clarify the nature of the contract and reasonably define the rights and obligations of both parties.
3. The parties shall clearly agree on the way to accept the patented technology. It may be agreed to adopt the methods of appraisal meeting and expert review, or it may be agreed that the acceptance shall be deemed as passed by the licensee.
4. Patents are highly technical and professional. Therefore, when signing a contract, the terms of the contract must be accurate and clear, and some key terms should be defined or explained to avoid ambiguity. The expression of contract terms must be complete and standardized.
5. The parties concerned shall expressly stipulate that all technical contents involved in the patent specification and the scope of rights protection shall be submitted when applying for patent exploitation license, including process design, technical report, process formula, documents and drawings, etc.
Confirmation of the validity of patent contract;
The determination of the validity of patent contract is the primary issue in patent contract litigation. To some extent, confirming the validity of patent contract is the premise of solving patent contract litigation. Therefore, under normal circumstances, the people's court should first examine the validity of the patent contract when hearing the patent contract litigation case. For invalid patent contracts, because they are not protected by law, the parties' requests for claiming contract rights cannot be realized.
The determination of the validity of patent contract should be based on both the general provisions of contract law and the special provisions of patent law.