In fact, it is a matter of patent implementation. A patent implementation license contract needs to be signed.
Patent implementation licensing, also known as patent license trade, refers to the patent technology owner or its licensor allowing others to implement their patents in a certain period, in a certain area, and in a certain way, and charging others Usage fees. A patent implementation license only transfers the right to use the patented technology. The transferor still owns the ownership of the patent. The transferee only obtains the right to implement the patented technology and does not own the ownership of the patent. Patent implementation licensing is a licensing trade in which the licensee is allowed to use its patent within a certain range by entering into a patent implementation licensing contract and paying royalties.
Patent Implementation License Contract Sample Patent Implementation License Contract
(Trial)
Project Name:
_________________________
< p>Licensee:(Party B)_________________________
Licensor:
(Party A)_________________________
Signing place: Province City (County)
Signature date: Year Month Day
Validity Period: Year Month Day to Year Month Day
National Science and Technology Commission
< p>SupervisionChina Patent Office
In accordance with the provisions of the "Technology Contract Law of the People's Republic of China" and the "Patent Law of the People's Republic of China", the contract Party A's patent project (application date, application number:
, authorization date
). Party B is allowed to implement it (the project belongs to plan*). This invention belongs to: a service invention (non-service invention). This contract is signed by consensus through consultation.
1. *Patent technology content (including general technical secrets related to the implementation of the patent), requirements and industrial development procedures:
Note: This contract is marked with contract terms marked * Follow the filling instructions.
2. Technical data and its submission deadline, place and method:
Party A shall, within 10 days from the effective date of the contract, at
(location) to < /p>
Method, provide Party B with the following information:
3. *The scope and confidentiality period of the technical secrets of this project:
4. Types of patent implementation licenses:< /p>
5. Acceptance standards and methods:
Party B uses this technology and reaches the technical performance indicators (
) stipulated in this contract after trial production, and adopts methods For acceptance, both parties shall sign a contract technical acceptance agreement.
If the product fails to pass the inspection, both parties will negotiate and send representatives to investigate the reasons and determine the responsibilities of both parties.
(Refer to Article 6 of the "Guidelines for Signing a Patent License Contract")
6. Royalty fees and payment methods:
(1) One-time payment< /p>
The total amount is the year, month and day
(1) The one-time payment is the year, the month and the day
(2) The installment payment is the year, the month and the day
< p>Year, month and dayyuan
(2) Entry fee plus commission fee method
Payment date of entry fee in yuan
( 1) The commission payment date based on % of sales
(2) The commission payment date based on % of net profit
7. Technical services (location, method and fee)
(Refer to Article 5 of the Guidelines for Signing Patent Exploitation License Contracts)
8. Provision and Sharing of Subsequent Improvements:
(Refer to Article 8 of the Guidelines for Signing Patent Exploitation License Contracts) Article)
9. Methods for handling invalidity and infringement of patent rights:
(Refer to Article 9 of the Guidelines for Signing Patent Implementation License Contracts)
10. Calculation method of liquidated damages or loss compensation:
In case of violation of this contract, the breaching party shall comply with Articles 40 and 41 of the Technology Contract Law and Articles 76 and 76 of the Implementation Regulations of the Technology Contract Law. Article 77 provides for liability for breach of contract.
(1) The party that violates Article 1 of this contract shall bear liability for breach of contract. The liability methods and breach amount are as follows:
(2) The party that violates Article 1 of this contract shall bear liability for breach of contract. The liability methods and breach amount are as follows:
(3) The party that violates Article 1 of this contract shall bear liability for breach of contract. The liability method and breach amount are as follows:
(4) Others
11. Change and termination of the contract:
(Refer to
12. Dispute resolution methods:
If a dispute arises during the performance of the contract, the parties shall negotiate to resolve it, or they may request the patent administration authority for mediation.
If both parties are unwilling to resolve the dispute through negotiation or mediation, or if negotiation or mediation fails, the parties shall agree to adopt the following
method to resolve the matter.
(1) For any dispute arising out of this contract, apply for arbitration by the arbitration committee;
(2) Either party may file a lawsuit in the People's Court in accordance with the provisions of the (Civil Procedure Law) .