What is a model patent transfer contract?

Patent transfer plays an important role in the company's operation, because it is an important guarantee of its own technical ability. Then, the patent transfer will definitely involve the signing of relevant contracts, and the model contract is formulated by the relevant state departments according to their original legal provisions, which provides the best protection of rights and interests in legal form and has positive significance for the development of related enterprises. Patent transfer refers to a contract in which the patentee, as the transferor, transfers the ownership or holding right of his invention-creation patent to the transferee, and the transferee pays the agreed price. What is a model contract for patent transfer plays an important role in safeguarding the rights and interests of the parties. Model contract for the transfer of patent right. : _ _ _ _ _ _ Transferee: _ _ _ _ _ _ (hereinafter referred to as Party A) Legal address: _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ Entrusted agent: _ _ _ _ _. Transferor: _ _ _ _ _ _ (hereinafter referred to as Party B) Legal address: _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ Entrusted agent: _ _ _ _ _ _ _ ID number: _ _ _ _ _ _. _ _ _ E-mail: _ _ _ _ _ _ The term of validity of this patent is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ On the basis of truly and fully expressing their respective wishes through equal consultation, both parties have reached the following agreement in accordance with the provisions of the Contract Law of People's Republic of China (PRC), and both parties shall abide by it. Article 1 The patent right transferred in this contract: (1) The _ _ _ _ _ _ (invention, utility model and design) patent. (2) Inventor/Designer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The rights and obligations enjoyed by Party B in the original patent licensing contract shall be borne by Party A from the effective date of this contract. Party B shall notify and assist the licensor of the original patent license contract to handle the contract change with Party A within _ _ _ _ _ _ _ _ days ... Article 4 If Party B continues to implement this patent after this contract comes into effect, it shall be handled according to the following agreement: _ _ _ _ _ _ Article 5 (1) In order to ensure that Party A effectively owns this patent right, Party B shall submit the following technical materials to Party A: 1 All patent application documents submitted to the China Patent Office, including specifications, claims, drawings, abstract and abstract drawings, requests and opinions. 2. All documents issued by China Patent Office to Party B, including acceptance notice, intermediate documents, authorization decision, patent certificate and copies, etc. 3. The patent exploitation license contract licensed by Party B to others, including the contract attachments (i.e. the technology, process and other documents related to patent exploitation). 4. Valid certificate of patent right issued by China Patent Office. Refers to the recent patent annual fee payment certificate (or the patent register of the patent office), 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. 5. The approval document of the superior competent department or the relevant competent department of the State Council. 6. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (III) Delivery method and place of materials Party B shall submit all the above materials to Party A in person, by registered mail or by air, and submit the list of materials to Party A in person, by mail or by fax. The place of delivery of all materials is the location of Party A or the place agreed by both parties. Article 6 Transition Clause (1) After this contract comes into effect, Party B shall keep the patent valid until the date of registration and announcement by the Patent Office. During this period, (2) the annual fee and renewal fee payable after this contract is registered and announced in the Patent Office (for the utility model applied before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (It may also be agreed that all expenses for maintaining the validity of the patent right shall be paid by Party A after the signing of this contract ... (3) During the transition period, if Party B or Party A cannot perform the contract due to force majeure, this contract shall be terminated. Article 7 After the signing of this contract, _ _ _ _ _ _ _ shall be responsible for the registration of patent right transfer within _ _ _ _ _ _ _ _. Article 8 In order to ensure that Party A effectively owns this patent, Party B transfers the technical secrets related to the implementation of this patent to Party A: 1. Contents of technical secrets: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. The implementation of this patent right is restricted by another existing patent right; 3. The existence of patent priority; 4. There is a compulsory license; 5. There are cases where the government adopts "planned promotion license"; 6. The invention under this patent right is illegal income. When this contract is concluded, if Party B fails to truthfully inform Party A of the above-mentioned rights defects, Party A has the right to refuse to pay the use fee and demand Party B to compensate the extra expenses arising therefrom. Article 10 According to Article 50 of the Patent Law, when the patent right of Party B is revoked or declared invalid after the establishment of this contract, if there is no obvious violation of the principle of fairness and Party B does not maliciously cause losses to Party A, Party B will not return the transfer fee to Party A, and Party A will not return all the information. Today, with the rapid development of knowledge economy, patent transfer is necessary for many people to operate their own enterprises, so the signing of relevant contracts plays an important role in safeguarding people's rights and interests at that time, and effective legal provisions are the basic conditions for the transfer of enterprise rights. Therefore, when dealing with related affairs, you must keep these rules in mind.