1. The transferor shall deliver the materials to the transferee.
All patent application documents submitted to the China Patent Office, including instructions, claims, drawings, abstract and abstract drawings, request, statement of opinions, decision on examination and approval of changing records and restoring rights after loss of rights, power of attorney, etc. (If the application is PCT, all PCT application documents should also be included).
All documents issued by China Patent Office to the transferor, including acceptance notice, intermediate documents, authorization decision, patent certificate and copies, etc.
A patent exploitation license contract licensed by the transferor to others, including the contract attachments (i.e. the technology, process and other documents related to patent exploitation).
Valid certificate of patent right issued by China Patent Office. Refers to the recent annual patent fee payment certificate (or the Patent Office's Patent Law Register), and the decision made by the Chinese Patent Office, the Patent Reexamination Board or the people's court to maintain the validity of the patent right in the request for revocation or invalidation of the patent right.
The approval document of the superior competent department or the relevant competent department of the State Council.
Second, the time, place and way of transmitting information
Information transmission time
How and where to deliver information.
The Transferor shall submit all the above materials to the Transferee in person, by registered mail or by air transportation, and submit the list of materials to the Transferee in person, by mail or by fax, and submit the air waybill to the Transferee in person or by mail.
The delivery place of all materials is the location of the transferee or the place agreed by both parties.
Three, the implementation and licensing of patents and disposal methods
Before the signing of the transfer contract, the assignor has already exploited the patent, and the transfer contract may stipulate that after the signing of the transfer contract takes effect, the assignor may continue to exploit or stop exploiting the patent. If there is no agreement in the contract, the transferor shall stop exploiting the patent.
Before the signing of the transfer contract, the rights and obligations of the licensing contract that the transferor has permitted others to implement shall be transferred to the transferee from the effective date of the signing of the transfer contract.
Four. Transfer fee and payment method
The patent right transfer fee involved shall be paid in one lump sum. From the effective date of the contract, or after the announcement of the Patent Office, the transferee shall remit all the transfer fees to the transferor's account, or remit them in cash (or in person).
The transfer fee of the patent right involved shall be paid by installments, and the transferee shall remit part of the transfer fee to the transferor's account from the effective date of the contract or after the announcement of the Patent Office; After the transferor has delivered all the materials, the transferee will remit the remaining transfer fee to the transferor (or pay it in person);
Payment method is bank transfer (or collection, cash payment, etc. ), and the place of cash payment is generally the place where the contract is signed.
Verb (abbreviation of verb) patent revocation and invalid treatment
According to Article 50 of the Patent Law, when the patent right of the transferor is revoked or declared invalid after the establishment of the transfer contract, if there is no obvious violation of the principle of fairness and the transferor does not maliciously cause losses to the transferee, the transferor will not return the transfer fee to the transferee, and the transferee will not return all the information.
If the signing of the transfer contract clearly violates the principle of fairness, or the transferor intentionally causes losses to the transferee, the transferor shall return the transfer fee.
When someone else requests the Patent Office to revoke the patent right, or requests the Patent Reexamination Board to declare the patent right invalid, or brings a lawsuit to the people's court against the decision of the Reexamination Board (about the invention patent), after the assignment contract is established, the transferee shall be responsible for the defense and bear the resulting request or litigation costs.
Transitive clause of intransitive verbs
After the transfer contract comes into effect, the transferor shall keep the patent valid until the date of registration and announcement in the patent office. During this period, the annual fee and renewal fee (utility model and design applied before 1992 12 3 1) shall be paid by the transferor.
After the transfer contract is registered and announced in the Patent Office, the transferee is responsible for maintaining the validity of the patent, such as handling the annual patent fee, renewal fee, administrative cancellation and invalid request defense, and responding to invalid litigation. (It may also be agreed that after the transfer contract comes into effect, all expenses for maintaining the effectiveness of the patent right shall be paid by the transferee. )
During the transition period, if the transferor or transferee fails to perform the contract due to force majeure, the transfer contract shall be terminated.
Seven. taxes and administrative charges
If both the transferor and the transferee are China citizens or legal persons, the tax payable for the transfer fee involved in the transfer contract shall be paid by the transferor according to the tax laws of People's Republic of China (PRC) and the state.
If the transferor is an overseas resident or unit, the transferor shall pay taxes to the China tax authorities in accordance with the National Tax Law of People's Republic of China (PRC) and the Income Tax Law of People's Republic of China (PRC) on Enterprises with Foreign Investment and Foreign Enterprises.
Eight. Breach of contract and claim
To the transferor:
If the transferor refuses to deliver all the information stipulated in the contract and go through the patent transfer formalities, the transferee has the right to terminate the contract and demand the transferor to return the transfer fee and pay the liquidated damages.
If the transferor fails to deliver the materials for handling the patent right transfer formalities to the transferee without justifiable reasons (including changing the recorded items to the Patent Office), it shall pay liquidated damages every week overdue. If it is overdue for two months, the transferee has the right to terminate the contract and demand the return of the transfer fee.
To the assignee:
If the transferee refuses to pay the transfer fee, the transferor has the right to terminate the contract, return all the information and demand compensation for its losses or pay liquidated damages.
If the transferee fails to pay the transfer fee, it shall pay liquidated damages for each overdue period. If it is overdue for two months, the transferor has the right to terminate the contract and demand payment of liquidated damages.
Nine. A solution to the dispute
Disputes arising from the performance of this contract shall be settled by both parties through friendly negotiation according to the terms of the transfer contract.
If no settlement can be reached through consultation between the two parties, it shall be submitted to the patent administration authority in the place where the transferee is located or where the contract is signed for mediation. If you are dissatisfied with the mediation results, you can bring a lawsuit to the people's court.
In case of dispute between the two parties, if negotiation fails, a lawsuit shall be brought to the people's court.
In case of dispute between the two parties and no agreement can be reached, the dispute shall be submitted to the Arbitration Commission for arbitration.
X. Entry into force of the contract
The transfer contract shall be binding on both parties after being signed by both parties, and shall have legal effect from the date of registration and announcement of the instructions by both parties in the Patent Office.
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