Legal representative or person in charge: _ _ _ _ _ _ _
Transferee: _ _ _ _ _ _ _
Legal representative or person in charge: _ _ _ _ _ _ _
In accordance with the relevant provisions of the Contract Law of People's Republic of China (PRC), the Contract is signed by both parties through consultation.
1. Project name _ _ _ _ _. Patent applicant: _ _ _ _ _ _; Patent holder: _ _ _ _ _ _;
Date of application: _ _ _ _ _ _ _ _; Application number: _ _ _ _ _ _;
Patent number: _ _ _ _ _ _ _; Validity period of patent: _ _ _ _ _ _;
Scope of protection of this patent right: _ _ _ _ _ _ _;
3. The authorization nature of this license contract is _ _ _ _ _. (Note: The licensing nature of a licensing contract refers to the explicit stipulation in the contract that the licensing nature is exclusive license, exclusive license and general license; A product invention or utility model patent may take the form of a production license, a use license or a sales license. )
3. The scope of authorization of this license contract is _ _ _ _ _ _ _. (Note: The scope of authorized technology implementation, that is, the authorized geographical scope, term scope and use mode scope. )
Main obligations of the transferor (1) The transferor undertakes to pay the patent fee every year.
(Note: The parties may also agree that the transferee shall pay the annual fee, but the annual fee paid by the transferee shall be deducted from the license fee. )
(2) Within _ _ _ _ days after this contract comes into effect, the transferor shall provide the transferee with the following technical data:
(3) The transferor shall provide the following technical guidance to the transferee: _ _ _ _ _ _.
5. The main obligation of the transferee (1) is to pay the license fee to the transferor in the amount of _ _ _ _ _.
Pay in installments according to the following dates: _ _ _ _ _ _ _ _ _ _ _ _
(Note: In the case of royalty payment, both parties can agree as follows: a. Pay RMB _ _ to the transferor within _ _ days after the contract comes into effect; B. Within _ _ _ _ _ years from the date when the contract products are put into production (or the date when the first batch of contract products are sold), the royalty shall be paid to the transferor at _ _ _% of the output value (or sales or profits). Royalty is paid once a year, and the payment time is before the month of each year. )
(2) The patented technology shall be implemented in the following time limit and manner: _ _ _ _ _ _ _.
(3) The transferor (except the licensing contract) shall not license a third party outside the contract to exploit the patent within the technical scope, geographical scope and time limit agreed in the contract;
The transferor (the sole party to implement the licensing contract) shall not exploit the patent by itself or license a third party to exploit the patent within the technical scope, geographical scope and time limit agreed in the contract.
6. Technical Performance Guarantee Clause The transferor promises to undertake the guarantee obligation for the following technical performance and indicators of the patented technology: _ _ _ _ _ _ _.
When the patented technology fails to reach the agreed technical indicators in the implementation, the transferor shall refund all (or part of) the royalties and compensate the transferee for the extra expenses incurred.
7. The Transferor shall not undertake the guarantee obligation for the possible economic benefits (such as profit, output value and sales volume) arising from the implementation of this patent. ⒏ The transferor of the complete guarantee clause of patent right guarantees to the transferee that the patent right has no following defects when this contract is concluded: ① The patent right is bound by property right or mortgage right; ② The implementation of this patent right is restricted by another existing patent right; (3) the existence of patent priority; (4) the existence of compulsory license; ⑤ There are cases where the government adopts the "plan to promote the license"; The invention under this patent right is illegal income.
When this contract is concluded, if the Transferor fails to truthfully inform the Transferee of the above-mentioned rights defects, the Transferee has the right to refuse to pay the royalties and demand the Transferor to compensate the extra expenses arising therefrom.
(9) During the performance of this contract, if a third party brings an infringement lawsuit, the transferor shall appear in court and bear legal responsibilities. After this contract comes into effect, if the patent defendant is invalid, this contract will be terminated accordingly. Before the patent is declared invalid, the transferee may not request the transferor to return the royalties paid by the transferee.
⒑ Liability of the Transferor for breach of contract (1) If the patent right is invalid due to the failure of the Transferor to pay the annual patent fee, the Transferor shall pay liquidated damages.
(2) If the transferor fails to deliver the technical data and provide technical guidance within two months, the transferee has the right to terminate the contract. The transferor shall return the royalties and pay the liquidated damages.
(3) (Exclusive License or Exclusive License Contract) If the transferor enters into a patent license contract with others for the same patent within the scope of the licensee, it shall return the illegal income and pay liquidated damages.
(4) If the transferor (the sole party to implement the licensing contract) implements the patented technology by itself within the scope of the licensee, it shall stop the implementation and pay the licensee liquidated damages.
(5) Liability of the transferee for breach of contract (1) If the transferee fails to pay the technology use fee within two months, the transferor has the right to terminate the contract. The transferee shall pay the royalties and the liquidated damages amounting to _ _ _ _.
(2) If the transferee exploits the patent beyond the scope agreed in the contract, or enters into a re-transfer license contract with others without the permission of the transferor, it shall return the illegal income and pay the liquidated damages.
5. Sharing mode of subsequent improvement: For new inventions made by both parties on the basis of this patented technology, the right to apply for a patent belongs to the party who made the invention, but the other party has the priority to transfer and use the technological achievements with compensation. Unless otherwise agreed by both parties, the agreement shall prevail.
⒔ The quality acceptance method of patented products is _ _ _ _ _ _. 5. The dispute settlement method in this contract is _ _ _ _ _ _ _. 5] Interpretation of related nouns and terms _ _ _ _ _ _. This contract shall come into effect as of the date of signature and seal by both parties.
Person in charge of the transferor (or authorized representative) Person in charge of the transferee (or authorized representative)
Signature _ _ _ _ _ _ _ (seal) Signature: _ _ _ _ _ _ (seal)
Signature time: _ _ _ _ _ Signature time: _ _ _ _ _ _
Signature place: _ _ _ _ _ _ Signature place: _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ Bank of deposit: _ _ _ _ _ _
Account name: _ _ _ _ _ _ _ Account name: _ _ _ _ _ _ _
Account number: _ _ _ _ _ _ Account number: _ _ _ _ _ _ _
Guarantor of transferor (name: _ _ _ _ Guarantor of transferee (name): _ _
Address: _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _
Person in charge (or authorized representative)
Signature: _ _ _ _ _ (seal) Signature: _ _ _ _ _ (seal)
Signature time: _ _ _ _ _ Signature time: _ _ _ _ _ _
Signature place: _ _ _ _ _ _ Signature place: _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ Bank of deposit: _ _ _ _ _ _
Account number: _ _ _ _ _ _ Account number: _ _ _ _ _ _ _