What are the ways to conclude a technology transfer contract?

Technology transfer contracts can only be concluded in writing. According to the explicit provisions of China's Civil Code, technology transfer contracts and technology licensing contracts should be in written form. A technology transfer contract refers to a contract in which the right holder who legally owns the technology agrees with others to transfer the existing specific patents, patent applications, technical secrets and other related rights to the other party.

legal ground

Article 862 of the Civil Code

A technology transfer contract refers to a contract that the obligee legally owns the technology and transfers the related rights of the existing specific patent, patent application and technical secret to others.

A technology licensing contract refers to a contract in which the obligee legally owns the technology and licenses the related rights of the existing specific patents and technical secrets to others for implementation and use.

The clauses in the technology transfer contract and technology licensing contract that provide special equipment and raw materials for the implementation of technology or provide relevant technical consultation and technical services are an integral part of the contract.

Article 863

Technology transfer contracts include patent right transfer, patent application right transfer and technology secret transfer.

Technology licensing contracts include patent licensing, technology secret licensing and other contracts.

Technology transfer contracts and technology licensing contracts shall be in written form.