Patent right in technology development contract?

Technology development contract is a kind of contract to protect the interests of patent developers, the rights and vital interests of patent inventors from infringement. There are many legal provisions in China specifically targeting technology development and patent rights. Let me tell you about the patent right of technology development contract for your understanding. 1. What is a technology contract? A technology development contract refers to a contract concluded between the parties on the research and development of new technologies, new processes, new materials for new processes and their systems. Technology development contract refers to the contract concluded between the parties on the research and development of new technologies, new products, new processes or new materials and their systems, including entrusted development contracts and cooperative development contracts. Its object is the technological achievements that have not yet existed and yet to be developed, and its risks are borne by both parties. Two. Terms and conditions of technical contract 1. Interpretation of nouns and terms. Many people don't attach importance to this clause, thinking that it is just a lawyer's unnecessary work. In fact, technical contracts often involve many proper terms and technical terms that need to be explained, as well as some commonly used terms that need to be defined. If it is not defined, it will easily lead to ambiguity. These are all valuable contents accumulated by lawyers in summing up past experiences and lessons. 2 project name, content, scope and requirements. This article seems simple, but it is not. In particular, the description of technical functions and related specific requirements must be accurate, detailed, specific and clear. 3. Plan, progress, time limit, place, area and method of performance. For projects with less technical risks, the overall progress of project completion and the progress of each stage should be made clear, which is directly related to the liability for breach of contract. For projects with high technical risks, there should also be corresponding time requirements, so that if the corresponding technical development work cannot be completed within the agreed time, both parties can re-evaluate the contract ... Details 3. Liability for breach of contract of technology contract (1) If the transferee fails to pay the royalties as agreed in the contract, it shall pay the royalties and liquidated damages as agreed in the contract; Those who fail to pay royalties or liquidated damages must stop exploiting patents or using technical secrets, return technical materials, pay liquidated damages or compensate for losses. (2) Where a third party is allowed to exploit a patent or use a technical secret beyond the scope agreed in the contract without the consent of the transferor, the breach of contract shall be stopped and liquidated damages shall be paid or losses compensated. (3) Those who violate the confidentiality obligations stipulated in the contract shall pay liquidated damages or compensate for the losses ... Details 4. If the transferor fails to transfer the technology according to the contract due to the breach of contract of the technology contract (1), in addition to returning part or all of the use fee, the transferor shall also pay liquidated damages or compensate for the losses. (2) Where the exploitation of the patent or the use of the technical secret goes beyond the scope stipulated in the contract, and a third party is allowed to exploit the patent or use the technical secret without authorization in violation of the contract, it shall stop the breach of contract and pay liquidated damages or compensate the losses. (III) Those who violate the confidentiality obligations stipulated in the contract shall pay liquidated damages or compensate for losses ... Details V. Issues needing attention in signing technology contracts Signing related technology contracts with other companies is a common business contract for technology start-ups in their business activities. Therefore, how to sign, perform and manage all kinds of technology contracts according to law is very important for technology start-ups This paper will briefly introduce the main terms of the technical contract and the main items that should be paid attention to when signing the technical contract. 1. Generally speaking, a complete technology contract should include two parts: one part is the contract terms, which stipulate the rights and obligations of both parties. The other part is statementofwork, which details the scope, implementation method, implementation process, progress and acceptance method of technical projects involved in the technical contract. In this statement of work, the project implementation process should be divided into several stages, and each stage should be described in detail ... Details VI. The licensing method of patent technology transfer is different from ordinary technology transfer, and its essence is the transfer of patent right, and the owner of patent right will not change. This is because the patented technology has passed the relevant procedures in the national patent law, and the granted patent right is the exclusive right of the patentee. The transfer of patented technology is one of the rights exercised by the patentee and is subject to the relevant provisions of the law. Patent right is an exclusive right. According to international practice, the transfer of patent is called patent license. China's patent law stipulates that any unit or individual who exploits another person's patent shall conclude a written 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 implement the licensing method of the patent technology transfer. It has a very detailed introduction, and also lists the punishment measures of the transferee and transferor of the technology transfer contract in case of breach of contract, as well as their respective responsibilities, so that everyone can better understand what a technology development contract is, and I hope everyone can understand the patent right of the technology development contract.