1. Apply. After a technology contract is established according to law, the parties of the contract seller (technology developer, transferor, consultant and service provider) shall, within 3 days from the date of the establishment of the technology contract, apply to the local technology contract registration agency for registration with the complete contract text and relevant annexes.
2. Acceptance. The technology contract registration agency shall accept the contract form, signature procedures and relevant annexes and licenses after preliminary inspection, and confirm that they meet the requirements of the Contract Law, the Measures for the Administration of Registration of Technology Contract Recognition and the Rules for the Recognition of Technology Contracts.
3. Upon examination. The technical contract registration agency examines and determines whether the contract applied for registration belongs to the technical contract and what kind of technical contract it belongs to.
4. register. According to the Rules for Identification of Technical Contracts, the technical contract registration agency classifies technical contracts that meet the technical contract conditions, fills in the technical contract registration form, compiles the technical contract registration serial number, fills in the registration serial number on the technical contract text, affixes the special seal for technical contract registration, and issues the technical contract registration certificate to the parties. For non-technical contracts or contracts that are not registered, the words "not registered" should be marked on the contract text.
5. Approved technical income. The approved technical transaction amount shall be separately stated in the technical contract. If the technology development contract or technology transfer contract contains technical consultation and technical services, the remuneration from technical consultation and technical services may be included in the technology transaction amount.
second, what is the function of technology contract registration?
1. The Administrative Measures for the Identification and Registration of Technology Contracts stipulates that through the identification and registration of technology contracts, you can enjoy the preferential policies of the state on promoting the transformation of scientific and technological achievements, such as taxation, credit and incentives. Technical contracts that have not applied for accreditation and registration and have not been registered shall not be enjoyed.
2. The confirmation and registration of technology contracts can strengthen the guidance, management and service of the state on the technology market and the transformation of scientific and technological achievements, make technology trading more standardized, reduce the occurrence of technology trading disputes and purify the technology market environment.
3. The identification and registration of technology contracts can strengthen the national statistics and analysis of the technology market and provide a basis for the government to formulate policies.
to sum up, all provinces and cities have special institutions to handle the registration of technology contracts. Both parties should apply for registration to the institutions within 3 days of signing the contracts. After receiving the materials, the relevant institutions will review them, and then start to determine whether they belong to the technology contracts and what kind of technology contracts they belong to. Finally, register.
what are the benefits of technology contract registration? What kinds of technical contracts are there? What are the conditions for the identification and registration of technical contracts? ..... Zhongshen Consulting has compiled the most comprehensive guide for the identification and registration of technical contracts for you, and all these questions can be answered here!
I. Support methods of technology contract identification and registration
Qualified technology contracts can enjoy preferential policies such as exemption from value-added tax, exemption from and reduction of enterprise income tax after identification and registration.
Specific policies and regulations:
1. Technology transfer, technology development and related technical consultation and technical service contracts are exempt from value-added tax.
-Notice of the Ministry of Finance and State Taxation Administration of The People's Republic of China on comprehensively pushing forward the pilot project of changing business tax to value-added tax [216] No.36, Annex 3, Article 1 (26)
2. In a tax year, the income from technology transfer of resident enterprises does not exceed 5 million yuan, which is exempt from enterprise income tax; For the part exceeding 5 million yuan, the enterprise income tax will be levied by half.
-Article 9 of the Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China
-Article 27 (4) of the Enterprise Income Tax Law of the People's Republic of China
II. Classification of technology contracts
Technology contracts are divided into the following four categories:
(1) Technology development contracts (including entrusted development contracts and cooperative development contracts).
(2) Technology transfer contracts (including patent right transfer contracts, patent application right transfer contracts, patent licensing contracts and non-patented technology transfer contracts);
(3) Technical consulting contracts (including entrusted consulting contracts and perennial consulting contracts);
(4) technical service contracts (including technical training contracts and technical intermediary contracts).
technology contracting and technology shareholding contracts may be classified into the four types of contracts mentioned in the preceding paragraph separately or as a whole according to the specific contents, but the non-technical parts of the contracts shall not be mixed into the technology contracts.
contracts signed for the following contents are not within the scope of technical contract registration:
(1) survey, design, construction and installation of construction projects;
(2) Processing, production, maintenance, sales and business contracting of products and spare parts, installation and maintenance of equipment, transportation, storage and custody of goods, labor cooperation and construction project contracting;
(3) Non-technical services such as life service and commodity intermediary;
(4) teaching and training for students in various schools (classes) and production practices arranged for students;
(5) scientific and technological projects planned by the state and local governments and scientific and technological projects undertaken by non-independent scientific and technological operation and technical consulting institutions.
III. Applicable conditions for the confirmation and registration of technology contracts
1. Conditions for approval
(1) Technology development contracts
① have clear and specific scientific research and technology development objectives;
② The subject matter of the contract is the technical scheme that the parties have not mastered when concluding the contract;
③ The research and development work and its expected results have corresponding technological innovation contents.
(2) Technology transfer contract
① The object of the contract is the technological achievements that the parties have mastered when concluding the contract, including invention-creation patents, technical secrets and other intellectual property achievements;
② The subject matter of the contract is complete and practical, and the relevant technical contents should constitute a product, process, material, variety and its improved technical scheme;
③ the parties have a clear agreement on the ownership of intellectual property rights in the subject matter of the contract.
(3) Technical consulting contract
① The subject of the contract is the consulting subject of a specific technical project;
② The consultation mode is analysis, demonstration, evaluation and prediction by using scientific knowledge and technical means;
③ The result of the work is to provide scientific and technological consulting reports and opinions for the entrusting party.
(4) Technical service contract
① The object of the contract is a service project that uses professional technical knowledge, experience and information to solve specific technical problems;
② The service contents include improving product structure, improving process flow, improving product quality, reducing product cost, saving energy consumption and protecting resources and environment. To achieve safe operation, improve economic and social benefits and other professional and technical work;
③ The work results have specific quality and quantity indicators;
④ the transfer of technical knowledge does not involve the ownership of patents, technical secret achievements and other intellectual property rights.
2. Change the approval conditions according to the application
After the contract is confirmed and registered, the name (or name), project name, contract subject matter, contract amount and ownership of technical achievements of the parties have changed, and the parties have applied for change, and the submitted materials are complete and conform to the legal form.
3. Conditions for approval of cancellation according to application
The party concerned applies for cancellation, and the materials submitted are complete and conform to the legal form.