Patent licensing, also known as patent licensing trade, refers to that the owner of patented technology or his authorized person permits others to exploit the patents owned by him in a certain way within a certain period of time and in a certain area, and collects royalties from others. Patent license only transfers the right to use the patented technology, the transferor still owns the patent, and the transferee only has the right to exploit the patented technology, but not the patent ownership. Patent licensing is a kind of licensing trade that allows licensees to use their patents within a certain range by concluding a patent licensing contract and paying royalties.
Model patent license contract: patent license contract
(Trial)
Project name:
___________________________
Licensee:
(Party B) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Licensor:
(Party A) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: province, city (county)
Date of signature: year month day.
Validity period: year month day to year month day.
state scientific and technological commission
Supervise production
China patent office
According to the provisions of People's Republic of China (PRC) Technology Contract Law and People's Republic of China (PRC) Patent Law, in this contract, Party A makes the following comments on the patent project (application date, application number:
I. Date of authorization Legal validity of patent:
)。 Party B is allowed to implement (this project belongs to the plan *). The invention belongs to the following situations: the service invention (non-service invention) entered into this contract through negotiation.
I. * Patent technical contents (including general technical secrets related to patent implementation), requirements and industrial development procedures:
Note: The contract clauses marked with * in this contract shall be filled in according to the filling instructions.
Two. Technical data and its submission time, place and method:
Party A shall, within days from the effective date of the Contract,
(location) to
Method, provide Party B with the following information:
Three. * Scope and duration of technical secrets of this project:
Four, the type of patent license:
Verb (abbreviation of verb) acceptance criteria and methods:
After trial production, Party B has achieved the technical performance indicators specified in this contract (
), in the form of acceptance, both parties signed a contract technical acceptance agreement.
If the product fails to pass the acceptance test, both parties shall negotiate and send representatives to investigate the reasons and determine the responsibilities of both parties.
(See: Article 6)
The intransitive verb royalties and payment methods:
(1) lump-sum payment method
Total amount RMB year month day
(1) One-time payment.
(2) Installment payment of RMB (year, month and day)
Year, month and day of Yuan Dynasty
Yuan dynasty (1206- 1368)
(2) Admission fee plus commission method
Date of payment of registration fee
(1) commission payment date based on percentage of sales.
(2) Payment date based on percentage of net profit.
Seven. Technical service (location, method and cost)
(See Article 5)
Eight. Provision and sharing of subsequent improvements:
(See: Article 8)
Nine, patent invalidation and infringement measures:
(See: Article 9)
X. Calculation method of liquidated damages or damages:
In case of breach of this contract, the breaching party shall be liable for breach of contract according to Articles 40 and 41 of the Technology Contract Law and Articles 76 and 77 of the Regulations for the Implementation of the Technology Contract Law.
(1) If it violates Article of this contract, it shall be liable for breach of contract. The way of commitment and the amount of breach of contract are as follows:
(2) In case of violation of Article of this contract, it shall be liable for breach of contract. The way of commitment and the amount of breach of contract are as follows:
(3) Anyone who violates Article of this contract shall be liable for breach of contract. The way of commitment and the amount of breach of contract are as follows:
(4) Others
XI。 Modification and termination of the contract:
(See: Article 10)
XII. Ways to settle disputes:
Disputes arising from the performance of the contract shall be settled by both parties through consultation, or they may request the patent administration authority for mediation.
If both parties are unwilling to negotiate or mediate, or negotiation or mediation fails, both parties agree to adopt the following methods.
Solution.
(1) Apply to the Arbitration Commission for arbitration in case of any dispute arising from this contract;
(2) Either party may bring a lawsuit to the people's court in accordance with the provisions of the Civil Procedure Law.