1, the content of patented technology and the implementation of patents;
2. The type of license contract;
3. The validity period and geographical scope of the license contract;
4, technical guidance and technical service terms;
5. Warranties and guarantee clauses for patent defects;
6. Patent license fee and payment method;
7, the liability for breach of contract and the calculation method of liquidated damages or compensation for losses.
In addition to the above, other matters that both parties consider necessary can be agreed upon. For example: force majeure clause; Attribution of patented technology improvement achievements; The solution of the dispute; Interpretation of key nouns and terms.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 12 Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.
Article 13 After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploited the invention to pay an appropriate fee.
Article 14 Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.
Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.
Fifteenth units that have been granted patent rights shall reward the inventors or designers of service inventions and creations; After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.
The state encourages units that have been granted patent rights to implement property rights incentives by means of equity, options and dividends. , so that inventors or designers can share the benefits of innovation reasonably.