Patent licensing contract
Name of patented technology:
Licensor: (hereinafter referred to as Party A)
Legal representative:
Legal address:
Postal code:
Contact telephone number:
Licensee: (hereinafter referred to as Party B)
Legal representative:
Legal address:
Postal code:
Contact telephone number:
Whereas Party A (licensor) is the patentee of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Whereas Party B wishes to use the patented technology and is willing to pay the patent license fee to Party A; In accordance with the provisions of the People's Republic of China (PRC) Technology Contract Law and other relevant laws and regulations, both parties have reached an agreement on the following terms through friendly negotiation for common compliance.
main body
Article 1 Name, nature and content of patent
1. 1 The name of the patented technology for which Party A owns the patent right is: (summarize the patented technology name in concise language)
1.2 the nature of the patented technology for which party a has a patent right is: (describe the technical characteristics of the patented technology)
1.3 The contents of patented technology for which Party A has a patent right are: (explain the main contents of patented technology)
1.4 application effect of the patented technology held by party a: (clearly state the economic and social benefits that the patented technology can bring to the obligee.
Article 2 Ownership status of patented technology
2. 1 The related matters of patented technology for which Party A has a patent right are as follows:
(1) The name of the patented technology is:
(2) The inventor of this patented technology is:
(3) The applicant of the patented technology is:
(4) The application date of the patented technology is:
(5) The application number of the patented technology is:
(6) The patent number of the patented technology is:
(7) The patentee of the patented technology is:
(8) The patent right of patented technology is valid for:
2.2 Party A shall provide Party B with the invention process, completion, basic information of inventors, basic information of patentees and relevant certification materials.
2.3 Party A guarantees that the patented technology licensed to Party B belongs to Party A, and Party A has the right to dispose of it. Party A shall bear all the responsibilities for the infringement disputes caused by the implementation of patented technology.
2.4 Party A agrees to license the patented technology to Party B and allow Party B to use the technical secrets related to the implementation of the patented technology, so as to ensure that Party B can make full use of the patented technology to achieve the expected effect agreed in the contract.
Article 3 Patent Implementation and Patent Licensing
3. 1 Before the signing of this contract, Party A has licensed the following units to exploit the patented technology: (List the name of the units that Party A has licensed to use this technology, the scope of licensing and the implementation period, etc.). )
3.2 Party A and Party B may agree on the extent and scope of Party A's assignment of the patent use right and Party B's acquisition of the patent use right. Both parties can choose exclusive license contract, exclusive license contract and joint license contract.
3.3 If Party A and Party B choose the form of exclusive license, Party A shall immediately stop the implementation of the patented technology after the contract comes into effect, and shall not sublicense the patented technology to a third party.
3.4 If Party A and Party B choose the form of exclusive license, after this contract comes into effect, Party A shall not sublicense the patented technology to a third party, but Party A shall keep it within the scope of continuous use.
3.5 If Party A and Party B choose the general license form, after this contract comes into effect, Party A reserves not only the right to use the patented technology within this scope, but also the right to sublet it to a third party.
3.6 The validity of the patent licensing contract signed by Party A and Party B does not affect the validity of the relevant contracts signed by Party A and other parties before the contract comes into effect.
Article 4 Technical information and materials and their confidential matters
4. 1 Party A shall provide Party B with the following technical information and materials required for implementing the patented technology: (including process design, technical report, process formula, documents and drawings, etc.). , both parties may agree on the list and number of relevant materials to be submitted for supervision and inspection by both parties).
4.2 The above technical information and materials submitted by Party A shall be materials that can reflect the technical indicators, parameters, technical level and performance of the patented technology, as well as relevant auxiliary materials.
4.3 Party A and Party B shall clearly agree on the specific time, place and method of submitting relevant technical information and materials. Both parties agree that Party A shall deliver all the technical information and materials listed in 4. 1 to Party B within _ _ _ _ _ days after receiving the patent exploitation fee paid by Party B.. The specific delivery method and place are: (specify the way and place for Party A to submit materials)
4.4 Party A shall guarantee to Party B that the delivered technical information and materials are complete and clear. The specifications and drawings of drawings and materials conform to the national standards (or _ _ _ _ _ _ _ _).
4.5 After receiving all the technical data delivered by Party A, Party B shall carefully check and check the data. If it is found that it does not meet the above requirements, it shall send a notice to Party A within _ _ _ _ days after receiving the technical data, and Party A shall explain, supplement or replace it within _ _ _ _ _ days after receiving the above notice; After the technical data meet the requirements, Party B shall issue a confirmation of acceptance of the technical data and data to Party A within _ _ _ _ _ _.
4.6 The name or code of the technical secret related to the implementation of the patented technology is: (indicate the technical name or code of the technical secret)
The materials for recording the above technical secrets are: (carrier indicating technical secrets)
4.7 Party A promises not to disclose the technical secrets mentioned in 4.6.
Article 5 Technical Guidance
5. 1 After this contract comes into effect, Party A shall provide technical guidance to Party B to ensure that Party B can implement the patented technology licensed by Party A and achieve the expected effect stipulated in this contract. ..
5.2 From the trial-production of patented technology products by Party B, Party A has the obligation to provide technical guidance to Party B until the trial-production of products that meet the product quality standards agreed in this contract (except for products that fail to meet the standards due to Party B's reasons), and to answer questions raised by Party B during the implementation of patented technology.
5.3 During the trial production of Party B's patented technical products, Party A shall send technicians to Party B's site for technical guidance, and the dispatched technicians shall meet the following standards: (such as time, number of people, education background, experience and other requirements. )
5.4 Party A shall be responsible for training Party B's relevant technical personnel during the trial production of Party B's patented technology products ... The training plan is as follows: (such as time, place, method and objectives, etc.). )
5.5 Party B shall provide necessary cooperation for Party A's technical guidance in terms of venue, personnel and equipment, and the conditions and cultural level of Party A's trainers shall meet the reasonable requirements put forward by Party A ... The specific arrangements are as follows:
5.6 Party B shall provide accommodation for Party A's personnel who provide technical guidance, and the expenses shall be borne by Party B. ..
Article 6 Acceptance Criteria and Methods
6. 1 after completing the trial production of the patented technology licensed by party a, party b shall conduct product acceptance according to the product quality standards agreed in this contract.
6.2 Party A and Party B agree that the trial products of patented technology licensed by Party B to Party A shall meet the following technical indicators and parameters: (Clear acceptance criteria and basis)
6.3 Party A and Party B may agree on the acceptance method, which may be appraised by technical appraisal departments or experts entrusted by both parties, or it may be agreed that Party B's unilateral confirmation shall be deemed as passed. However, no matter what method is used for acceptance, the acceptance standard shall be based on the technical indicators and parameters agreed in the contract, and a written acceptance certificate shall be issued.
6.4 Party A and Party B may agree that all expenses required for acceptance shall be borne by Party B or Party A, or both parties may agree to bear them jointly. If both parties are jointly responsible, their respective proportions shall be clearly agreed. If there is no agreement in the contract, it shall be deemed to be borne by Party B. ..
6.5 In case of unqualified products, both parties shall appoint technicians to form an investigation team to investigate the causes of unqualified products and determine the responsibilities of both parties according to this contract.
6.6 If the test cannot be carried out due to Party B's reasons.