What are the necessary terms of a patent transfer contract?
I. Necessary clauses of a patent transfer contract Which patents must be transferred by a written agreement? Generally speaking, a patent transfer contract should have the following clauses: 1. Project name: The project name shall specify the contract for the assignment of the patent right of invention, utility model or design. 2. The name and content of an invention-creation shall accurately and generally express the name of the invention-creation, the technical field it belongs to, the existing technical situation and the substantive characteristics of the invention-creation in concise and clear technical terms. 3, the patent application date, patent number, application number and the validity of the patent right. 4. Patent exploitation and licensing. Some patent transfer contracts are signed after the transferor or the third party signs the patent licensing contract. In this case, it should be explained whether the transferor continues to implement or conclude the patent, and how to transfer the rights and obligations of implementing the license contract. 5. The list of technical data shall at least include the description and drawings of the invention and other technical data necessary for ordinary professional technicians in their technical fields to implement the invention and creation. 6. Price and payment method. 7. Calculation method of liquidated damages or damages. 8. Dispute settlement: If the parties are willing to submit the dispute to an arbitration institution trusted by both parties for arbitration, the arbitration institution shall be stipulated in the contract. Obviously, the arbitration of accepted technical contracts has the effect of excluding jurisdiction. Two. Matters needing attention in patent transfer: 1. Avoid blindly expanding the patent value-the pre-tender price of patent transfer should be based on the principle of being able to make a deal, otherwise the cooperation is likely to fail. 2. Don't make a quick decision-patent transfer is a legal procedure. It is recommended to entrust relevant professionals (such as lawyers) to carry out relevant operations, and don't sign contracts at will. We should put cooperation in the first place-the purpose of patent development is not only to affirm ourselves, but also to benefit society and contribute to life. A patented technology with a certain technical content and market capacity can only be technology before it is transformed into the productivity of the grand event. Therefore, industrialization is the highest standard for the benefit of society and mankind. It is also necessary to make concessions to some extent and lower some pre-tender estimate. After all, cooperation requires the sincerity of both parties. 4. Keep relevant records-keep records of the transfer process as much as possible, which is very important for subsequent problems and income distribution; Before the transfer, don't easily carry out operations such as value evaluation, especially don't easily carry out such operations according to the requirements of the other party. If it is really necessary to conduct an assessment, try to clarify the principle and proportion of the assessment fee to avoid being deceived; Don't hand over technical data and related drawings and other specific materials easily before the handover procedures are completely completed. Patent transfer generally refers to the transfer of patent right. In addition to the need for the transferor and the transferee to reach an agreement and sign the corresponding transfer agreement, it is also necessary to go through the registration procedures for the transfer of the patent right in the patent administration department, which is what we call China National Intellectual Property Administration, so as to legally recognize the transferee as the new patentee.