Legal analysis: Matters needing attention in patent licensing contract: 1. Subject qualification examination: both parties to the contract shall investigate the assets, reputation 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.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, a request, specification, abstract, patent right and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.