To be on the safe side, it is best to have an interested third party (not a relative) as a witness when signing the contract.
If you need to pay attention as a buyer:
1. The length of patent validity. Each patent has a certain period of validity, such as 10 years for utility and appearance, and 20 years for invention. When purchasing, you need to pay attention to how long the patent is valid.
2. The patentee. Check whether the patentee is a patent seller and whether there are multiple patentees. Avoid the situation that the seller has no right to sell the patent and the contract is invalid.
3. Type of patent. There will be many similar patent names. Make sure that the type of patent you buy is consistent with the contract.
4. The current authorized use of the patent. Whether the patent has been licensed for transfer or even exclusive license, all these need to be listed in the contract to avoid purchasing the patent with exclusive license and being unable to use it.
5. Whether the patent is in the correct state. (whether the annual fee is not paid in time or declared invalid, etc.). )
If you are a seller, you need to pay attention to:
1. Liability for breach of contract. It is necessary to specify the conditions and time nodes for paying the transfer fee, and indicate what the other party's liability for breach of contract includes if the transfer fee is not paid on time.
2. Payment method. How to pay the transfer fee? If the cooperation between the two parties also includes the profit sharing in the later period, we should pay attention to the sharing method. If it is based on sales share, it needs to be indicated that the seller has the right to view a certain range of accounting accounts.
3. The way of patent transfer. If it is not completely transferred, the term of transfer, scope of use and region shall be indicated.
Reference article:/view/84d823a10029bd64783e2c08.html? From = search