Transferee: _ _ _ _ _ _ (hereinafter referred to as Party A)
Legal address: _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Title: _ _ _ _ _ _
Authorized Agent: _ _ _ _ _ _
ID number: _ _ _ _ _ _
Mailing address: _ _ _ _ _ _
Postal code: _ _ _ _ _ _
Contact person: _ _ _ _ _ _
Tel: _ _ _ _ _ _
Fax: _ _ _ _ _ _
Account number: _ _ _ _ _ _
E-mail: _ _ _ _ _ _
Transferor: _ _ _ _ _ _ (hereinafter referred to as Party B)
Legal address: _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Title: _ _ _ _ _ _
Authorized Agent: _ _ _ _ _ _
ID number: _ _ _ _ _ _
Mailing address: _ _ _ _ _ _
Postal code: _ _ _ _ _ _
Contact person: _ _ _ _ _ _
Tel: _ _ _ _ _ _
Fax: _ _ _ _ _ _
Account number: _ _ _ _ _ _
E-mail: _ _ _ _ _ _
The term of validity of this patent starts from _ _ _ _ _ _ _ _ _.
In this contract, Party B transfers its _ _ _ _ _ _ _ patent right to Party A, and Party A accepts and pays the corresponding transfer price. Through equal consultation, on the basis of truly and fully expressing their respective wishes and in accordance with the provisions of the Civil Code of People's Republic of China (PRC), both parties have reached the following agreement, which both parties shall abide by.
Article 1 The patent right transferred in this contract:
(a) to apply for a _ _ _ _ _ _ (invention, utility model, 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 Party B's implementation or licensing of the patent right before the signing of this contract is as follows:
(1) The status of Party B's implementation of the patent right (time, place, method and scale)
(2) The situation (time, place, method and scale) in which Party B permits others to use the patent right.
(III) After this contract comes into effect, Party B has the obligation to notify the parties licensed to use the invention within _ _ _ _ _ _ _.
essay
After this contract comes into effect, Party A shall guarantee the performance of the original patent license contract. 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 licensing contract to handle the contract change with Party A within _ _ _ _ _ _ _ _ days. ..
Article 4
After the contract comes into effect, if Party B continues to implement this patent, it shall be handled according to the following agreement: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 5
(1) In order to ensure that Party A effectively owns the 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, statements of opinions, approval decisions on changing recorded items, restoration of rights after loss of rights, power of attorney, etc. (If the application is PCT, all PCT application documents should also be included).
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._________.
(2) Material delivery time
Within _ _ _ _ _ days after the contract comes into effect, Party B shall deliver all the materials mentioned in Article 1 of this contract to the transferee, or within _ _ _ _ _ days after the contract comes into effect. In case of partial transfer, Party A shall pay the transfer fee to Party B. ..
(three) the way and place of information transmission
Party B shall submit all the above information to Party A in person, by registered mail or by air, and submit the list of information 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 Transitional clause
(1) After this contract comes into effect, Party B shall maintain the validity of the patent until the date of registration and announcement in the Patent Office. During this period, Party B shall pay the annual fee and renewal fee (applicable to the utility model and design applied before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _).
(II) After this contract is registered and announced in the Patent Office, Party A shall be responsible for maintaining the validity of the patent, such as handling the annual patent fee, renewal fee, administrative cancellation, invalid request defense, invalid lawsuit response, etc. (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 ..)
(III) During the transition period, if Party B or Party A fails to perform this contract due to force majeure, this contract will 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 the patent, Party B transfers the technical secrets related to the implementation of the patent to Party A:
1. Contents of technical secrets: _ _ _ _ _ _ _.
2. Requirements for implementing technical secrets: _ _ _ _ _ _.
3. The confidentiality scope and duration of technical secrets: _ _ _ _ _ _.
Article 9
Party B warrants to Party A that the patent right does not have the following defects when this contract is signed:
1. Patent right is bound by real right or mortgage right;
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.
Others request the Patent Office to revoke the patent right, or request the Patent Reexamination Board to declare the patent right invalid or reject the decision of the Reexamination Board (for invention patents).