Company A, how to write the patent transfer contract?

The nature of the contract is not transferable, such as the creditor's rights arising from personal credit relationship; The right to take the behavior of a specific creditor as the content; The establishment of contractual rights is the obligation of omission of specific parties; For the separate transfer of subordinate rights in contractual creditor's rights, the following is a model patent transfer contract with 20 16 provided by Yike Patent Station for your reference. Model patent transfer contract: _ _ _ _ _ _ Transferee: _ _ _ _ _ (hereinafter referred to as Party A) Legal address: _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ Authorized agent: _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ Mailing address: _ _ _ _ _ _. _ _ Transferor: _ _ _ _ _ _ (hereinafter referred to as Party A B) Legal address: _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ Authorized agent: _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ Mailing address: _ _ _ _ _ _ _ _. Validity period of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Patent right transferred in this contract: Article 1 (1) is _ _ _ _ _ _ _ (invention, utility model and design) patent. (2) Inventor/Designer: _ _ _ _ _ _ _. (3) Patent holder: _ _ _ _ _ _. (4) Date of patent authorization: _ _ _ _ _ _ _. (5) Patent number: _ _ _ _ _ _. (6) Term of validity of the patent: _ _ _ _ _ _ _. (7) The annual patent fee has been paid to _ _ _ _ _ _. Article 2 Before the signing of this contract, Party B implemented or permitted the implementation of this patent right as follows: (1) The implementation of this patent right by Party B (time, place, method and scale): _ _ _ _ _ _ _ (2) The permission of Party B to others to use this patent right (time, place, method and scale): _ _ _ _ _ _ _ _ _ _ (3). The rights and obligations enjoyed by Party B in the original patent licensing contract shall be borne by Party A from the effective date of this contract. Party B shall notify and assist the licensor of the original patent license contract to handle the contract change with Party A within _ _ _ _ _ _ _ _ days ... Article 4 If Party B continues to implement this patent after this contract comes into effect, it shall be handled according to the following agreement: _ _ _ _ _ _ Article 5 (1) In order to ensure that Party A effectively owns this patent right, Party B shall submit the following technical materials to Party A: 1 All patent application documents submitted to the China Patent Office, including specifications, claims, drawings, abstract and abstract drawings, requests and opinions. 2. All documents issued by China Patent Office to Party B, including acceptance notice, intermediate documents, authorization decision, patent certificate and copies, etc. 3. The patent exploitation license contract licensed by Party B to others, including the contract attachments (i.e. the technology, process and other documents related to patent exploitation). 4. Valid certificate of patent right issued by China Patent Office. Refers to the recent patent annual fee payment certificate (or the patent register of the patent office), and the decision made by the Chinese Patent Office, the Patent Reexamination Board or the people's court to maintain the validity of the patent right in the request for revocation or invalidation of the patent right. 5. The approval document of the superior competent department or the relevant competent department of the State Council. 6._________。 (II) Delivery time of materials: Party B shall deliver all the materials mentioned in Article 1 of this contract to the transferee within _ _ _ _ _ days after this contract comes into effect, or within _ _ _ _ _ days after this contract comes into effect. If it is partial, Party B shall deliver all (or part of) the materials mentioned in Article 1 of this contract to Party A (III) Delivery method and place of the materials. Party B shall submit all the above materials to Party A in person, by registered mail or by air, and submit the list of materials to Party A in person, by mail or by fax, and submit the air waybill to Party A in person or by mail. The place of delivery of all materials is the location of Party A or the place agreed by both parties. Article 6 Transition Clause (1) After this contract comes into effect, Party B shall keep the patent valid until the date of registration and announcement by the Patent Office. During this period, (2) the annual fee and renewal fee payable after this contract is registered and announced in the Patent Office (for the utility model applied before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (It may also be agreed that all expenses for maintaining the validity of the patent right shall be paid by Party A after the signing of this contract ... (3) During the transition period, if Party B or Party A cannot perform the contract due to force majeure, this contract shall be terminated. Article 7 After the signing of this contract, _ _ _ _ _ _ _ shall be responsible for the registration of patent right transfer within _ _ _ _ _ _ _ _. Article 8 In order to ensure that Party A effectively owns this patent, Party B transfers the technical secrets related to the implementation of this patent to Party A: 1. The content of the technical secret is _ _ _ _ _ _ _. 2. Requirements for implementing technical secrets: _ _ _ _ _ _ _. 3. The confidentiality scope and duration of technical secrets: _ _ _ _ _ _. Article 9 Party B warrants to Party A that there are no following defects in this patent right when this contract is signed: 1. The patent right is bound by real right or mortgage; 2. The implementation of this patent right is restricted by another existing patent right; 3. The existence of patent priority; 4. There is a compulsory license; 5. There are cases where the government adopts "planned promotion license"; 6. The invention under this patent right is illegal income. When this contract is concluded, if Party B fails to truthfully inform Party A of the above-mentioned rights defects, Party A has the right to refuse to pay the use fee and demand Party B to compensate the extra expenses arising therefrom. Article 10 According to Article 50 of the Patent Law, when the patent right of Party B is revoked or declared invalid after the establishment of this contract, if there is no obvious violation of the principle of fairness and Party B does not maliciously cause losses to Party A, Party B will not return the transfer fee to Party A, and Party A will not return all the information. If the signing of this contract obviously violates the principle of fairness, or Party B intentionally causes losses to Party A, Party B shall return the transfer fee. When others request the Patent Office to revoke the patent right, or request the Patent Reexamination Board to declare the patent right invalid, or bring a lawsuit to the people's court against the decision of the Reexamination Board (for invention patents), after the establishment of this contract, Party A shall be responsible for defending and bear the resulting request or litigation costs. Article 11 Party A shall pay the transfer price of the patent right to Party B in the following way: 1. The total transfer price of the patent right is _ _ _ _ _ _ _ _ _; Among them, the transfer price of technical secrets is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. _ _ _ _ _ _ 3. _ _ _ _ _ The name, address and account number of Party B's bank are: bank: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 4. If both Party A and Party B are China citizens or legal persons, the taxes payable for the transfer fee involved in this contract shall be paid by Party B according to the tax laws of People's Republic of China (PRC) and the state. 5. If Party B is an overseas resident or unit, Party B shall pay taxes to the China tax authorities in accordance with the National Tax Law of People's Republic of China (PRC) and the Income Tax Law of People's Republic of China (PRC) on Enterprises with Foreign Investment and Foreign Enterprises. 6. If Party B is a citizen or legal person of China and Party A is an overseas unit or individual, the tax shall be paid according to the tax laws of the other country or region. Several problems that should be paid attention to when signing the patent right transfer contract: 1. Determine the ownership of the patent. First, search the legal status of the patent and determine it as a valid patent. Whether it is private direct transfer or entrusted agency, we must be very sure of the legitimacy of the patent right held by the transferor and the legitimacy of the transfer. 2. Determine the historical problems of the patent, know whether the patent has signed a license contract with others before, and whether the patentee has implemented it by himself, clarify the legal responsibilities and solutions of these problems, and avoid repeated sales. 3. Check the necessary legal documents, and both the transferor and the transferee of the patent transfer shall provide authentic and effective legal documents. 4, carefully review the terms of the patent right transfer contract, be sure to clear the terms and responsibilities. 5. The patent right transfer agreement shall be registered and announced by the State Patent Administration before it can take effect. After the signing of the patent transfer contract, China National Intellectual Property Administration shall be changed in time.