What are the requirements of the technology transfer contract for the transferor?

What are the requirements of the technology transfer contract for the transferor? Technology transfer contract refers to the contract concluded between the parties on patent right, patent application right, patent exploitation license and technology secret transfer. There are four types of technology transfer contracts: patent right transfer contract, patent application right transfer contract, technology secret transfer contract and patent licensing contract. What are the requirements of the technology transfer contract for the transferor? 1. According to the second paragraph of Article 342nd of the Contract Law, a technology transfer contract shall be in written form. Technology transfer contract is a complex contract, which involves intellectual property issues such as patents and technical secrets, and is prone to disputes. Using written form, on the one hand, helps to clarify the rights and obligations of the parties and avoid disputes; On the other hand, it is also conducive to the settlement of disputes after they occur. 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. Note: 1. Pay attention to the validity of patents and technical secrets. The validity of a patent is mainly reflected in that the transferred patent or the licensed patent should be within the validity period; Those who exceed the time limit are not protected by law. The effectiveness of technical secrets is mainly reflected in confidentiality, that is, they are not known to the public and are exclusive to all. If the technology is known to the public, it is not a technical secret, and of course there is no transfer problem. 2, the relevant technical data should be clearly agreed. Technology is the subject of a technology transfer contract, and the relevant information of the technology should be clearly stated in the contract to facilitate performance. Technical related information includes: technical project name, main indicators, technical functions or uses, key technologies, production process, matters needing attention, etc. These data show the inherent characteristics of the technology and are effective, which is also the basis for the parties to calculate the use fee or transfer fee. 3. Scope of transfer or license. When transferring technology or licensing others to implement technology, the scope should be clearly defined. Optional clauses in the contract include: the patent transfer involves the change of the patentee, so its scope covers the whole country; If the patent is licensed, it should be clear in what field the patent can be used, and if it exceeds it, it will be a breach of contract; Where a technical secret is transferred, the transferor shall bear the responsibility of confidentiality, and its scope of use may be extended to the whole country or only a certain area. 4. Transfer fee agreement. Transfer fee includes transfer fee and use fee. Where the patent is transferred, the transferee shall pay the transfer fee. The transfer fee is calculated according to the actual value that the technology can produce, and usually a proportion is specified for easy operation. If permitted, the amount of transfer fee or use fee shall be considered according to the scope of use, production capacity and exclusivity. If the transferee fails to pay the royalties as agreed, it shall pay the royalties and liquidated damages as agreed; Those who fail to pay royalties or liquidated damages shall stop exploiting patents or using technical secrets, return technical materials and bear the liability for breach of contract. Where a third party is allowed to exploit a patent or use a technical secret beyond the agreed scope without the consent of the transferor, it shall stop its breach of contract and bear the liability for breach of contract; Anyone who violates the agreed confidentiality obligation shall bear the liability for breach of contract. In addition, special attention should be paid to different types of technology transfer when signing contracts. Two. What are the requirements of the technology transfer contract for the transferor (1)? The technological achievements that both parties have mastered at the time of signing the contract, including intellectual property achievements such as invention-creation patents and technical secrets. (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.