How to write the change agreement of patent licensing contract?
At present, the state pays more and more attention to patent rights and copyrights, and the protection is becoming more and more perfect. If there is an invention, etc. And the patent application is successful, then if others want to use the patent, they must sign a patent license contract with the owner of the patent and obtain the legal right to use it. If the patent license contract is changed, they must sign an agreement on the change of the patent license contract in time. Amendment Agreement of Patent License Contract: Transferor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1 Project name: _ _ _ _ _ _. Patent applicant: _ _ _ _ _ _; Patent holder: _ _ _ _ _ _; Date of application: _ _ _ _ _ _ _ _; Application number: _ _ _ _ _ _; Patent number: _ _ _ _ _ _ _; Validity period of patent: _ _ _ _ _ _; Scope of protection of this patent right: _ _ _ _ _ _ _; 2. The authorization nature of this license contract is _ _ _ _ _. (Note: The licensing nature of a licensing contract refers to the explicit stipulation in the contract that the licensing nature is exclusive license, exclusive license and general license; A product invention or utility model patent may take the form of a production license, a use license or a sales license. 3. The scope of authorization of this license contract: _ _ _ _ _ _ _ _. (Note: The scope of authorized technology implementation, that is, the authorized geographical scope, term scope and use mode scope. 4. Main Obligations of the Transferor (1) The Transferor undertakes the obligation to pay the annual patent fee (Note: both parties may also agree that the transferee shall pay the annual fee, but the annual fee paid by the transferee shall be deducted from the license fee. (2) The Transferor shall provide the following technical information to the Transferee within _ _ _ days after the contract comes into effect: (3) The Transferor shall provide the following technical guidance to the Transferee: _ _ _ _ _ _. 5. The main obligation of the transferee (1) is to pay the license fee to the transferor with the amount of _ _ _ _ _. Pay by installments according to the following dates: _ _ _ _ _ _ _ (Note: in the case of royalty payment, both parties may agree that: a. Pay RMB _ _ to the transferor within _ _ days after the contract comes into effect; B. Within _ _ _ _ _ years from the date when the contract products are put into production (or the date when the first batch of contract products are sold), the royalty shall be paid to the transferor at _ _ _% of the output value (or sales or profits). Royalty is paid once a year, and the payment time is before the month of each year. (2) Implementing the patented technology in the following time limit and manner: _ _ _ _ _ _ _. (3) The transferor (the sole party to implement the licensing contract) shall not license a third party outside the contract to implement the patent within the technical scope, geographical scope and time limit agreed in the contract; The transferor (the sole party to implement the licensing contract) shall not exploit the patent by itself or license a third party to exploit the patent within the technical scope, geographical scope and time limit agreed in the contract. 6. Technical Performance Guarantee Clause The transferor promises to undertake the guarantee obligation for the following technical performance and indicators of the patented technology: _ _ _ _ _ _ _. When the patented technology fails to reach the agreed technical indicators in the implementation, the transferor shall refund all (or part of) the royalties and compensate the transferee for the extra expenses incurred. 7. The transferor shall not undertake the guarantee obligation for possible economic benefits (such as profit, output value and sales volume). ) comes from the implementation of this patent. 8. The transferor guarantees to the transferee that the patent right does not have the following defects when this contract is concluded: ① the patent right is bound by real right or mortgage; ② The implementation of this patent right is restricted by another existing patent right; (3) the existence of patent priority; (4) the existence of compulsory license; ⑤ There are cases where the government adopts the "plan to promote the license"; The invention under this patent right is illegal income. When this contract is concluded, if the Transferor fails to truthfully inform the Transferee of the above-mentioned rights defects, the Transferee has the right to refuse to pay the royalties and demand the Transferor to compensate the extra expenses arising therefrom. 9. During the performance of this contract, if a third party brings an infringement lawsuit, the transferor shall appear in court and bear legal responsibilities. After this contract comes into effect, if the patent defendant is invalid, this contract will be terminated accordingly. Before the patent is declared invalid, the transferee may not request the transferor to return the royalties paid by the transferee. 10. Transferor's liability for breach of contract (1) If the patent right is invalid due to the transferor's failure to pay the annual patent fee, it shall pay liquidated damages to the transferor. (2) If the transferor fails to deliver the technical data and provide technical guidance within two months, the transferee has the right to terminate the contract. The transferor shall return the royalties and pay the liquidated damages. (3) If the transferor (exclusive exploitation license or exclusive exploitation license contract) enters into a patent exploitation license contract with others for the same patent within the scope that the transferee is permitted to exploit the patent, it shall return the illegal income and pay liquidated damages. (4) If the transferor (the sole party to implement the licensing contract) implements the patented technology by itself within the scope that the transferee is allowed to implement the patent, it shall stop the implementation and pay the transferee liquidated damages. 1 1. Liability of the transferee for breach of contract (1) If the transferee fails to pay the technology use fee within two months, the transferor has the right to terminate the contract. The transferee shall pay the royalties and the liquidated damages amounting to _ _ _ _. (2) If the transferee exploits the patent beyond the scope agreed in the contract, or enters into a re-transfer license contract with others without the permission of the transferor, it shall return the illegal income and pay the liquidated damages. 12. Subsequent improved sharing methods. For a new invention-creation completed by both parties on the basis of the patented technology, the right to apply for a patent belongs to the party who completed the invention-creation, but the other party has the priority to transfer and use the technological achievements with compensation. Unless otherwise agreed by both parties, the agreement shall prevail. 13. The quality acceptance method of patented products is _ _ _ _ _ _. 14. Settlement of disputes in this contract: _ _ _ _ _ _ _ _. 15. Explanation of related nouns and terms: _ _ _ _ _ _. This contract shall come into effect as of the date of signature and seal by both parties. Signature of transferor's responsible person (or authorized representative) and transferee's responsible person (or authorized representative) _ _ _ _ _ _ (seal) Signature: _ _ _ _ _ (seal) Signature time: _ _ _ _ _ _ Signature time: _ _ _ _ _ Signature place: _ _ _ _ _ Signature place: _ _ _ _ _ _ _ _ _ _ _ _ Signature time: _ _ _ _ _ _ _ _ Signature place:. AccountNo.: _ _ _ _ _ _ _ Guarantor of Transferor (Name: _ _ _ _ _ _ _ Guarantor of Transferee (Name): _ _ Address: _ _ _ _ _ _ _ _ Signature (or authorized representative): _ _ _ _ _ _ _ _ (seal) Signature time: _ _ _ _ _ _ Signature time: _ _ _ _ _ Signature place: _ _ _ _ _ Signature place: _ _ _ _ _ _ _ _ _ _ _ _ Signature time: _ _ _ _ _ _ _ _ Signature place:. Fried, so when drafting the patent licensing contract change agreement, the above is for reference only. Don't copy. Please ask professionals to draft according to the specific situation. If possible, it is best to let people with professional knowledge and ability draft it.