First of all, we must understand the mode of patent technology trade.
1. General license for exploitation: The licensor (i.e. the patentee) allows the licensee to exploit its patent, but the licensor still reserves the right to use the patent or sign a license contract with a third party. 2. Exclusive exploitation license: The licensee has the right to exploit the patent exclusively, and no other person (including the licensor) may exploit the patent. 3. Exclusive license: Licensee has the right to license and Licensor has the right to license, but Licensor shall not license any third party. 4. resale license: with the consent of licensor, licensee can license a third party to exploit licensor's patent in its own name. 5. Cross-licensing: Two patentees use each other's patents in the form of mutually beneficial technology exchange. 6. Transfer of patent right: the patentee transfers his patent right to others.
Second, the matters needing attention in signing the contract
Matters needing attention include: ① the terms of the contract shall not violate the national laws, otherwise the contract will be invalid; (2) The terms of the contract shall be complete, and the contract annexes shall be provided; ② The contents of the contract should be specific, detailed and accurate; (1) The text of the contract shall be accurate and unambiguous.
Third, sign a patent licensing contract.
The contract has the following clauses: ① Preface; ② Definition of contract terms; ② Subject matter of the contract: refers to the determination and description of the technical scope. Indicate the type, name, application date, approval date, validity period, etc. Patented; (4) Payment fees: including lump-sum payment, royalty (the percentage of royalty is determined according to sales or profits), entry fee plus royalty (after signing the contract, a fee will be paid in advance, and the royalty will be paid according to sales or profits every year thereafter), and technology shares (the patentee takes its patented technology as a share investment, sharing benefits and taking risks); ⑤ Delivery of technical data: define the scope, delivery time, place and acceptance method of technical data; ⑥ Sharing of technical improvement achievements: After the contract is signed, one party improves the patented technology, and the achievements and benefits are owned by the other party; ⑦ Technical service and personnel training: Licensee may not be able to manufacture qualified products after obtaining technical information, and Licensor shall provide training and guidance. (8) Confidentiality clause: it mainly involves technical secrets, and the Licensee has the obligation to keep secrets for the Licensor; Pet-name ruby guarantee clause: both parties promise to perform the contract; (10) Dispute settlement: agree on the settlement method after disputes occur between the two parties; ⑾ Breach clause: the handling of breach of contract such as failure to perform or fail to perform the contract on time; ⑿ Effective date, validity, termination and extension of the contract.
Four, if necessary, invite relevant people to participate.
L, when the licensee is interested in the patent and intends to introduce it, it is best to invite experts in the technical field to demonstrate the advanced nature of its technology;
2. After the technical demonstration, the licensee shall invite experts in economy and trade to analyze its market prospect and economic benefits;
3. The two sides invited patent firms to participate in the negotiation and signing of technology trade, and asked the patent firms to provide advice on relevant matters to help the two sides determine a better technology trade model and draft a contract.
Both parties invite lawyers to participate, and lawyers will scrutinize the relevant terms of the contract and provide opinions on the legal issues involved in the contract.
The party who obtains the patent right in the patent right transfer contract becomes the new legal patentee, and may also conclude a patent transfer contract and a patent licensing contract with others. I hope the above four methods can help you understand how to transfer patents.