With the general improvement of people's legal awareness, contracts may be used at any time, any place and various occasions, and the signing of contracts is the best specification for the rights and obligations of both parties. So how to write the relevant contract? The following is my carefully arranged patent application agency contract for reference only. Welcome to reading.
Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
According to the provisions of the General Principles of the Civil Law, the Patent Law and its detailed rules for implementation and the Patent Agency Regulations, Party B is entrusted to represent China patent (□ invention □ utility model □ appearance) for Party A's inventions and creations, and the following terms are hereby signed, which shall be observed by both parties: _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1. Agency service: _ _ _ _ _ _ _ _ _ _ _ Drafting and writing patent application documents, including request, specification, patent claim, abstract, design pictures and photos, and brief description of design; The reply to the examination opinions, including the correction of the preliminary examination, the statement of the preliminary examination opinions and the reply to the actual trial of the invention; And the transaction processing in the application review.
Two. Requirements of power and responsibility: _ _ _ _ _ _ _ _ _ _ _ _ Party A shall be responsible for the novelty, creativity and practicality of the invention-creation for which the patent is applied, and shall clearly and completely introduce the relevant background technology and invention contents to the agent designated by Party B, provide technical disclosure and relevant documents, and cooperate with Party B to complete the agency application. During the review period, Party B will revise the patent application documents according to the examiner's opinions after soliciting the opinions of Party A, and reply to the examiner.
Three. Work progress requirements: _ _ _ _ _ _ _ _ _ _ Party A shall provide complete technical disclosure according to Party B's requirements and actively cooperate with Party B's work. Party B shall complete the first draft of the application documents within working days after receiving the required disclosure. After the first draft is completed, Party B shall submit it to Party A for examination and approval. After Party A approves it, Party B shall submit the patent application number and patent acceptance notice obtained by China National Intellectual Property Administration. (According to the normal situation, the time from application to obtaining the notification of patent authorization for utility model is 8- 10 months. Under special circumstances, such as patent disputes, patents will be defended, thus delaying authorization. )
Four. The term of this contract is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ During this period, Party B shall notify Party A of relevant legal documents and notices in person, by fax, e-mail or registered mail according to the telephone number, contact person and address provided by Party A. If Party B notifies Party A by registered mail, it shall be presumed as the date of receipt by Party A after 15 days.
Verb (abbreviation of verb) Liability for breach of contract: If the application procedure cannot be carried out due to unreasonable dissolution of Party A or withdrawal or rejection of the application documents due to Party A after the signing of this contract, the fees collected by Party B will not be refunded.
Payment by intransitive verb: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A shall pay all the expenses in one lump sum in the form of □ cash □ transfer □ check within 5 working days after signing the contract.
Seven. Service content of Party B: _ _ _ _ _ _ _ _ _ _ _ _
1. Party B is responsible for representing Party A's invention patent application, and will follow up this work until Party A obtains the patent registration certificate issued by China National Intellectual Property Administration. Specifically, he should be responsible for making technical documents, such as patent requests, claims, specifications, etc. According to the technical data provided by Party A, and the written materials such as handling the fee request reduction and exemption procedures in accordance with China National Intellectual Property Administration Announcement No.75, submit the written materials to China National Intellectual Property Administration (all written materials must be submitted to Party A for confirmation before submission), and be responsible for forwarding relevant official documents.
2. In the stages of patent application, acceptance, preliminary examination, authorization and obtaining the patent registration certificate issued by China National Intellectual Property Administration, Party B shall provide Party A with relevant written certification materials to confirm that the registered patent applied by Party A has passed the above steps or is under examination.
3. Provide consulting services such as patent application and patent background technology inquiry for enterprises free of charge, and provide professional and comprehensive patent application and protection suggestions for Party A according to the problems existing in patent application or protection of customers.
4. Free agency subsidy: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
5. Free patent management: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
6. Free patent protection: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Eight. The confidentiality obligation is made as follows according to Article 19 of the Patent Law and the Regulations on Patent Agency: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. Party B shall not disclose Party A's information and documents to any third party, otherwise it shall compensate the economic losses caused to Party A according to law.
2. Party B acknowledges that the behavior of its employees or entrusted agents represents Party B's will. Where an employee or entrusted agent discloses secrets in violation of Article 1, Party B shall be liable for compensation, and the relevant responsible persons shall be jointly liable for compensation. Party B promises to inform its employees or agents of the confidential matters agreed in this Agreement.
3. The originals of all materials that Party A needs to submit to Party B when applying for a patent, except those that should be submitted to the patent administration department, shall be returned to Party A in time after the application is completed. If the materials are lost due to Party B's improper custody, Party B shall bear the actual losses.
4. Party B shall properly keep the patent application documents of Party A, and no one may consult, extract or copy them.
5. During the cooperation between Party A and Party B, Party B is also obliged to keep confidential the business secrets that Party A knows and understands. After investigation, both parties agree that Party A's business secrets are leaked due to Party B's responsibility, and Party B shall undertake to compensate Party A for all economic losses caused thereby according to law.
Nine. If the agreement cannot be fulfilled due to force majeure, both parties shall not be responsible for each other.
X this contract shall come into effect immediately after being signed and sealed by the authorized agents of both parties. the original contract is made in duplicate, one for each party, with the same legal effect.
To sum up, in the patent agency contract, Party B shall not disclose Party A's information and documents, otherwise it shall bear economic losses. After the application is completed, the patent application documents submitted by Party A shall be returned in time. Losses caused by improper storage shall be fully compensated. Neither party shall be held responsible for the failure to perform the agreement due to force majeure.
Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _
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