Technology Contract Filing Process of Science and Technology Bureau

The filing process of technology contract of Science and Technology Bureau is as follows:

1. Apply, and the applicant fills in the technical contract information on the platform;

2. Acceptance: the applicant prints the technical contract registration form and submits it to the registration point;

3. Review and register relevant materials;

4. Issue a certificate, and the registration point will reply to the registration application on the platform and issue a registration certificate;

5. Get, the applicant gets the registration certificate.

The characteristics of the technology contract are as follows:

1. The subject matter of a technology contract is closely related to technology, and different types of technology contracts have different technical contents. The object of technology transfer contract is specific technological achievement, the object of technical service and technical consultation contract is specific technological behavior, and the object of technology development contract includes both technological achievement and technical behavior.

2. There are many links in the performance of technology contracts, the performance cycle is long, the calculation of price, remuneration or use fee is complicated, and some technology contracts are very risky;

3. The legal adjustment of technology contracts is diversified. The subject matter of a technology contract is the result of human intellectual activities, and many of these technological achievements are the objects of intellectual property law adjustment, involving the ownership of technical rights and interests, the undertaking of technical risks, the acquisition of technical patent rights, the commercial identification of technical products, the confidentiality of technology, and the forms of technical expression. , regulated by the Patent Law, Trademark Law, Trade Secrets Law, Anti-unfair Competition Law, Copyright Law and other laws;

4. One party is specific and usually should be a technician with certain professional knowledge or skills.

To sum up, the technology contract registration institution shall complete the accreditation registration within 30 days from the date of accepting the application for accreditation registration. The technology contract registration institution shall classify and file the contracts that meet the registration conditions, issue the technology contract registration certificate to the parties, and specify the approved technology income. Contracts identified as non-technical contracts or contracts that do not meet the registration conditions shall not be registered, and the words "unregistered" shall be marked on the contract text and returned to the parties; If a technical contract is concluded orally, the technical contract registration agency will not accept it. The technology contract registration institution shall examine and confirm the contract text and relevant annexes submitted by the parties, and if it considers that the contract content is incomplete or the relevant annexes are incomplete, it shall request the parties in writing to make corrections within the specified time.

Legal basis:

Article 845 of the Civil Code of People's Republic of China (PRC)

The contents of a technology contract generally include the name of the project, the content, scope and requirements of the subject matter, the plan, place and method of performance, the confidentiality of technical information and materials, the ownership of technical achievements and the way of profit distribution, the acceptance criteria and methods, the interpretation of terms and conditions and other terms.

Technical background information, feasibility study and technical evaluation report, project task book and plan, technical standards, technical specifications, original design and process documents and other technical documents related to the performance of the contract may be taken as an integral part of the contract according to the agreement of the parties.

Where a technology contract involves a patent, it shall specify the name of the invention-creation, the applicant and patentee of the patent, the date of application, the application number, the patent number and the validity period of the patent right.