① Project name [2]
The project name shall specify the contract for assignment of the patent right for invention, utility model or design.
(2) The name and content of an invention-creation shall accurately and generally indicate the name of the invention-creation, the technical field to which it belongs, the current technical situation and the substantive features of the invention-creation in concise and clear professional terms.
(3) the date of patent application, patent number, application number and the validity period of the patent right.
(4) Patent exploitation and license for exploitation. Some patent transfer contracts are signed after the transferor or the third party signs the patent licensing contract. In this case, it should be explained whether the transferor continues to implement or conclude the patent, and how to transfer the rights and obligations of implementing the license contract.
(5) The list of technical data shall at least include the description and drawings of the invention and other technical data necessary for ordinary professional technicians in their technical fields to implement the invention and creation.
⑥ Price and payment method.
⑦ Calculation method of liquidated damages or damages.
(8) For the settlement of disputes, if both parties are willing to submit the disputes to an arbitration institution trusted by both parties for arbitration, the arbitration institution shall be designated in the contract. Obviously, the arbitration of accepted technical contracts has the effect of excluding jurisdiction.
Matters needing attention in transfer
1. The creditor may assign all or part of its rights under this contract to a third party, except for the following circumstances: [3]
(a) according to the nature of the contract shall not be transferred;
(two) according to the agreement of the parties shall not be transferred;
(3) It shall not be transferred according to law.
Where the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor.
The notice of the creditor's transfer of rights shall not be revoked, except with the consent of the transferee.
Where the obligee transfers its rights, the assignee obtains the subordinate rights related to the obligee's rights, except that the subordinate rights belong exclusively to the obligee.
After receiving the notice of assignment of creditor's rights, the debtor may claim the assignor's defense against the assignee.
When the debtor receives the notice of assignment of creditor's rights, the debtor enjoys the creditor's rights against the assignor, and if the debtor's creditor's rights expire before or at the same time as the assigned creditor's rights, the debtor may claim offset from the assignee.
2. If the debtor transfers all or part of its contractual obligations to a third party, it shall obtain the consent of the creditor.
If the debtor assigns the debt, the new debtor may claim the defense of the original debtor against the creditor.
If the debtor transfers the debt, the new debtor shall bear the subordinate debt related to the main debt, except that the subordinate debt belongs exclusively to the original debtor.
Where laws and administrative regulations stipulate that the transfer of rights or obligations shall go through the formalities of approval and registration, such provisions shall prevail.
With the consent of the other party, one party may transfer its rights and obligations in the contract to a third party.