1. Is the patent licensing contract a technology contract?
The patent licensing contract is a technical contract; A technology licensing contract refers to a contract in which the obligee legally owns the technology and licenses the related rights of the existing specific patents and technical secrets to others for implementation and use. Technology licensing contracts include patent licensing, technology secret licensing and other contracts.
Technology contracts are divided into four categories: technology development contracts, technology transfer contracts, technology consulting contracts and technical service contracts.
1. technology development contract-a contract concluded between the parties on the research and development of new technologies, new products, new processes, new materials and their systems.
2. Technology transfer contract-a contract concluded between the parties on patent right, patent application right, patent exploitation license and the use and transfer of technical secrets.
3. Consultation Contract-A contract concluded by one party to provide feasibility study, technical forecast, special technical investigation, analysis and evaluation report for a specific technical project to the other party.
4. Technical service contract-a contract concluded by one party to solve a specific technical problem for the other party with technical knowledge.
2. What are the provisions of the Civil Code on technology contracts?
Article 843 A technology contract is a contract concluded by the parties for technology development, transfer, licensing, consultation or service, which defines the rights and obligations of both parties.
Article 844 The conclusion of a technology contract shall be conducive to the protection of intellectual property rights and the progress of science and technology, and promote the research, development, transformation, application and popularization of scientific and technological achievements.
Article 845 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, and the interpretation of terms and conditions.
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.
Article 846 The terms of payment for the price, remuneration or royalties of a technology contract shall be agreed upon by the parties, which may be lump-sum payment or lump-sum payment, royalty payment or royalty payment plus prepaid royalties.
Where it is agreed to pay the royalties, the royalties may be calculated according to a certain proportion of the product price, new output value, profit or product sales after the patent is implemented and the technical secrets are used, or by other agreed means. The proportion of royalty payment can be fixed, increasing year by year or decreasing year by year.
If the use fee is agreed, the parties may agree on the method of consulting the relevant accounting accounts.
Article 847 Where the right to use or transfer the technical achievements of a post belongs to a legal person or an organization without legal personality, the legal person or organization without legal personality may conclude a technical contract on the technical achievements of the post. When a legal person or an unincorporated organization enters into a technology contract to transfer the technical achievements of the post, the person who completed the technical achievements of the post has the priority to be transferred under the same conditions.
Technical achievements in post are technical achievements obtained by performing the tasks of a legal person or an unincorporated organization or mainly using the material and technical conditions of a legal person or an unincorporated organization.
Article 848 The right to use and transfer the technical achievements of a post belongs to the individual who has completed the technical achievements, and the individual who has completed the technical achievements may conclude a technical contract on the technical achievements of the post.
Article 849 An individual who has completed a technical achievement has the right to state in the relevant technical achievement documents that he is the person who completed the technical achievement, and to obtain honorary certificates and awards.
Article 850 A technology contract that illegally monopolizes technology or infringes on the technological achievements of others is invalid.
To sum up, technology contracts include patent licensing contracts. Generally speaking, this contract must be agreed by both parties when it is signed. As long as the patent is licensed, the licensee can use it according to law. Therefore, when dealing with it, it is necessary to clearly indicate the relevant clauses in the contract in combination with the actual situation, so as not to harm their respective interests.