What are the risk prevention methods of patent technology transfer contract?

1. Risk prevention of the patent application right transfer contract: When the patent application right transfer contract transfers the patented technology, the parties concerned should pay attention to the fact that when the patent application of the transferee is rejected, the transferee shall bear the responsibility. The parties may also stipulate in the contract the responsibility sharing of the rejected application and choose the way that is beneficial to them. 2. Risk prevention of the patent right transfer contract: With regard to the patent right transfer contract, it should be noted that the patent right transfer contract (including the patent application right transfer contract) cannot take effect until it is registered and announced by the Patent Office. But invalid contracts are not legally binding on the parties, which is very unfavorable to the interests of the parties. After the contract is signed, it should be noted that it should be registered and announced by the Patent Office. Third, the risk prevention of patent license contract: patent license contract is the most common contract, and the problem mainly involves the rights and obligations of both parties. The obligation of the transferor is mainly to license others to exploit the patent. What deserves the attention of the parties is the exclusive implementation of the license contract and the obligations of the transferor in the exclusive implementation of the license contract. In an exclusive license contract, the licensor cannot license a third party to exploit the patent without sending personnel within the scope of authorization, nor can it exploit the patent itself. In an exclusive license contract, within the scope of authorization, the transferor may not license a third party to exploit the patent, but may exploit the patent himself. Examining two special types of work licensed by the patentee. In addition, the implementation license also includes universal implementation license and mutual implementation license. The parties can choose the form of implementation license that suits them according to their needs. The assignee's obligation is mainly to pay the royalties and exploit the patent within the scope of license. This is similar to the obligations of the grantor, and the rights of one party are the obligations of the other party. The parties can also choose to implement the patent in a way that is beneficial to them. 4. Risk prevention of technical secret transfer contract: "technical secret" is a newly added concept in the new contract law, and its scope is smaller than that of non-patented technology. The first problem to be paid attention to in the technical secret transfer contract is how to identify the reliability and practicability of the technical secret. This is a controversial issue in practice. Generally speaking, it can not be measured by individual factors such as product technicians, but by comprehensive assessment. The best way is to hire professional institutions and personnel to conduct comprehensive appraisal. Both parties can agree on a mutually acceptable inspection method in the contract, so that the dispute can be settled quickly. In the technical secret transfer contract, the transferor is obliged to provide technical data and information, but shall not "disclose" the technology for the sake of confidentiality. In fact, both parties can sign a confidentiality clause to ensure that technical secrets will not be leaked. Confidentiality clauses are mainly used in technology secret transfer contracts, and can also be used in technology transfer contracts of other undisclosed technologies. In a technical secret transfer contract, the transferee shall pay the royalties as agreed, and shall not transfer the technical secret to a third party without authorization. In a technical consultation contract, the trustee shall investigate and demonstrate the specific technical problems, complete the consultation report within the prescribed time limit, and the client shall pay the remuneration according to the contract. In the legal relationship of this contract, both parties shall make detailed agreements on the technical issues involved, the content, time limit and quality of the consultation report, especially the liability for breach of contract for the possible falsehood and delay of the consultation report. In the next case 1, the trustee shall be liable for breach of contract if he fails to complete the investigation and demonstration within the agreed time limit. As both parties have clearly stipulated the liabilities for breach of contract in the contract, including refund of investigation fees, payment of liquidated damages and compensation for losses. As the principal, the power grid factory can recover its economic losses. V. Risk prevention of technical service contracts: In technical service contracts, the trustee must complete the service items and deliver the work results on time, and the client must provide working conditions, accept the work results and pay remuneration. The key issue that both parties should pay attention to in this contract is still the agreement on technical matters such as working conditions and work results. If the agreement is not clear, once a dispute occurs, both parties hold their own words, which is not conducive to the protection of the rights of the observant party. In the next case 2, the technology company and the town government stipulated the working conditions and work results in detail in the contract, and the town government strictly fulfilled the contract. If a technology company cannot guarantee the completion of the work, it shall be liable for breach of contract.