What are the main points of writing a model patent trade contract?

1. What are the main points of writing a model patent trade contract? After the expiration of the patent right, it will become a technology for free use by the society, and no one can pay the patent fee. So, first of all, when the contract is signed, the patent right should be valid. That is, the patent right was not declared invalid or terminated at that time 2. The contract term shall be within the patent protection period. The term of the contract shall be clearly stipulated, and it shall be determined that the term of the contract shall not exceed the term of patent protection. Three, the contract may stipulate that after the termination of the patent right, the contract shall also be terminated. If the patentee fails to pay the annual fee, or if the patentee abandons the patent right, the patent right will be terminated and will no longer be protected by law. After the termination of the patent right, the licensee will not have to pay future royalties. 1. The contract may stipulate that the patentee shall provide and deliver technical materials related to the exploitation of the patent to the licensee and provide necessary technical guidance. In addition to the technical information disclosed in the patent specification, the patentee often keeps some technical information that is not fully disclosed. Therefore, it can be stipulated in the contract that the patentee should provide other necessary information and provide necessary technical guidance. 2. The patentee of a patent licensing contract shall ensure that he is the legal owner of the technology provided. If the patented technology involved in the contract has defects in rights, disputes may occur during the performance of the contract. In order to avoid unnecessary disputes, the contract may stipulate that the patentee shall ensure his legal possession of the technology, otherwise he shall bear corresponding responsibilities. It should also be noted that according to the provisions of the patent law, the decision to declare the patent right invalid has no retrospective effect on the patent licensing contract that has been performed before the patent right is declared invalid. Therefore, it must be noted that after the patent right is declared invalid, you should not pay the patent fee again. It should be clear that the patent licensing contract only gives the licensee the right to exploit the patented technology, but does not transfer the ownership of the patent right. Therefore, unless otherwise agreed in the contract, the licensee shall not license others to exploit the patented technology. The conclusion of a patent licensing contract should be made public. Therefore, according to the detailed rules for the implementation of the Patent Law, the patent licensing contract concluded between the patentee and others shall be filed in China National Intellectual Property Administration within 3 months from the date when the contract comes into effect. Four. Types of patent licensing trade and patent licensing contract The so-called license generally refers to a certificate or license that allows someone to do something, and also refers to signing a license contract. Licensing trade is a major form of technology trade in the form of a written licensing contract signed by both parties to the transaction. In the patent law, "license" refers to the act of the patentee allowing others to use his patent. When the patent right is transferred, the patentee transfers the patent ownership of the patent office to the assignee, and the original patentee no longer owns the patent right. As the patent right is a kind of intellectual property, "license" and "transfer" must go through the relevant procedures such as registration with the statutory administrative department in order to make their actions legal and effective. Patent licensing trade refers to a transaction in which a licensor (patentee) signs an agreement with a licensee to allow the licensee to use its patent under certain conditions and restrictions. That is, the patentee sells his patent right under certain conditions. According to the authority and scope of patent licensing, patent licensing contracts can be mainly divided into the following six types: 1. An exclusive license contract refers to a patent license contract in which the licensee enjoys the exclusive right to use the licensor's patented technology within a certain geographical scope and within a certain period of time. That is to say, within the area and time limit stipulated in the contract, the licensee is the only licensee of the patented technology, and even the licensor may not use the patented technology within the area and time limit, but the patent right still belongs to the licensor. According to this licensing method, although the patentee can get a higher patent technology use fee, it also fetters the patentee's own hands and feet, so this licensing method is rarely used in practice. 2. Exclusive license contract An exclusive license contract means that the licensor only allows the licensee to use its patent exclusively in a certain area and within a certain period of time, and no longer licenses any third party to use its patent, so it is also called an exclusive license contract. Licensor still reserves the right to use the patent in the territory and within the time limit. Licensor and licensee can share the market together and obtain economic benefits through the implementation of patented technology. 3. General license contract A general license contract is also called a non-exclusive license contract, that is, the licensee is allowed to use its patented technology within a specified area and time limit, and the licensor has the right to sublicense its patented technology to a third party and retain its own right to use it. The advantage of this licensing method is that it is conducive to the popularization and application of patented technology. However, if the patentee signs this license contract for different considerations and management, it will lead to the overproduction of patented products and affect the interests of the patentee and the licensee. By the way, in Wuxi, there have also been illegal acts in which the licensee does not restrict the signing of general license contracts to cheat money. 4. resale license contract The license contract for the licensee to resell to others is called resale license contract or resale license contract, and the original license contract is called main license contract. A license contract that allows the licensee to resell the license contract to others is called a distributable license contract, and vice versa. Generally speaking, the licensor has the right to deduct a certain percentage from the royalties collected by the licensee from the resale license contract. 5. Reciprocal license contract A reciprocal license contract, also known as a cross-licensing contract, refers to a license contract in which two patentees exchange each other's patents in a reciprocal way. How to share specific benefits can also be agreed by both parties in the form of a contract. 6. Compulsory license contract China National Intellectual Property Administration can issue a compulsory license contract, but the licensee still needs to pay a certain royalty and sign a compulsory license contract with the patentee. The license contract does not belong to patent licensing trade. The above are the main points that need to be paid attention to in developing the model patent trade contract for everyone. To sum up, we should ensure that the patentee is true and effective, and the contract term should be within the protection period of the patent right. In addition, six main types of patent licensing contracts are listed for your reference. When drafting a contract, in addition to the above two most important premises, we should also indicate special precautions in the contract according to our own actual situation, so as to make the rights and responsibilities clear.