Difference between technical service contract and technical consultation contract

Legal analysis: (1) The trustee of a technical service contract should not only impart technical knowledge and experience to the client, but also solve a specific technical problem for the client; The consultant of the technical consulting contract only provides reference opinions and plans for the decision-making of the entrusting party, and does not specifically engage in the specific scientific and technological work pointed out in the contract. (2) The trustee of a technical service contract shall guarantee the quality of the work products completed by the entrusting party and be responsible for the implementation results; A technical consulting contract is that the consultant provides the client with reference consulting reports and opinions according to the conditions agreed in the contract, and generally does not bear the responsibility for losses caused by decision-making mistakes.

Legal basis: Article 845 of the Civil Code of People's Republic of China (PRC) generally includes the name of the project, the content, scope and requirements of the subject matter, the plan, place and method of performance, the confidentiality of technical information and materials, the ownership of technical achievements and the distribution method of benefits, the acceptance criteria and methods, and the interpretation of terms and terms. Technical background information, feasibility study and technical evaluation report, project task book and plan, technical standards, technical specifications, original design and process documents and other technical documents related to the performance of the contract may be taken as an integral part of the contract according to the agreement of the parties. Where a technology contract involves a patent, it shall specify the name of the invention-creation, the applicant and patentee of the patent, the date of application, the application number, the patent number and the validity period of the patent right.