How to write a model patent license contract?

This contract was signed on, with details as follows: XX country, XX city and XX company (hereinafter referred to as the supplier). Preface 1. The supplier is the sole patentee of China PatentNo. ××. On ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× 3. Licensee agrees to obtain the above patent license from the supplier. 4. Both parties reached the following terms through negotiation: Article 1 License type 1. This license is exclusive. 2. The supplier shall not manufacture, use or sell the licensed products in the contract area listed in Paragraph 3. 3. Licensee has the right to grant sub-licenses. 4. The exclusive license shall not be transferred without the permission of the supplier. Section 2 Scope of technical use: 1. The protection scope of this patent is. } This exclusive license is granted to the following areas: 2. Licensee shall not manufacture, use or sell the licensed products in areas other than the above areas. 3. Licensee may export the licensed products to the following countries: Section 4: Technical Assistance 1. The supplier has the obligation to provide the technical data necessary for the implementation of patent ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× 2. The supplier is responsible for accepting and arranging the technical personnel of the recipient to go to the supplier's enterprise for training. The supplier shall do its utmost to meet the training requirements of the recipient, so that the recipient's personnel can master the patented technology. See Annex 2 of this contract for specific requirements. 3. The supplier is responsible for sending technicians to the recipient enterprise to provide technical services. See Annex 3 of this contract for specific requirements. Article 5 Improvement of patented technology 1. The supplier is obliged to inform the recipient of all the improvement results of patented technology within the validity period of the contract and provide them for the recipient's use. The use fee shall not be increased as a result. 2. The licensee does not need the consent of the supplier to improve the patented technology, but must inform the supplier. The supplier has the right to use the improvement results of the recipient after paying an appropriate fee. 3. If the improvement result of the recipient is patentable, the recipient has the right to file a patent application. After the patent right is approved, it belongs to the recipient. Paragraph 6 Supplier guarantee 1. The supplier guarantees all the contents listed in Clause 2. Both the supplier and the receiver * * * accept the technical level and requirements of the patented products in the receiver's factory, and the supplier shall bear the acceptance responsibility. See Annex 4 of this contract for specific requirements. 2. The supplier guarantees that all its ×× patent rights are legal, effective and flawless. Article 7 Maintenance and protection of patent right. Suppliers are obliged to maintain patent rights and pay annual fees. 2. When the supplier intends to give up the patent right, it must inform the recipient in time. The licensee has the right to obtain the patent right waived by the supplier free of charge. 3. Both the supplier and the recipient have the right to sue the third party for patent infringement. If one party files a lawsuit, the other party should support it. The party that decides to prosecute shall bear the cost of prosecution, and the proceeds from winning the case shall also belong to it. If both parties to the contract agree to jointly sue, the expenses and benefits arising therefrom shall be shared in the following proportion: the supplier ××% and the recipient ××%. Article 8 Obligation of exploitation 1. The licensee shall undertake the obligation to exploit the patent. 2. The recipient does not undertake the obligation not to manufacture and sell competitive products. Article 9 Payment and Payment Terms 1. The total contract price paid by the recipient to the supplier is: entrance fee: _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ All expenses under this contract shall be paid by telegraphic transfer or letter transfer in US dollars, and the payee shall pay through Beijing China Bank and XXX Bank. Payment by the supplier to the recipient shall be made through XXX Bank and China Bank. All bank charges incurred in China shall be borne by the recipient, and bank charges incurred outside China shall be borne by the supplier. 3. The total contract price shall be paid by the recipient to the supplier in the following ways and proportions: 3. ××% of the initial cost of1,totaling USD _ _ _ _, and shall be paid to the supplier no later than 30 days after the recipient receives the following documents from the supplier: a. One original and one copy of the irrevocable letter of guarantee issued by the supplier's bank in favor of the recipient. B the amount is in the form of total contract price, and the invoice is in quadruplicate. One original and one copy of sight draft. When making the above payment, the recipient shall submit an original and a copy of an irrevocable letter of guarantee issued by Beijing China Bank in favor of the supplier. 3.2 After the supplier delivers the technical data specified in Annex 1 of this contract, the recipient shall pay ×% of the entry fee to the supplier within 30 days after the recipient receives the following documents submitted by the supplier, totaling _ _ _ _ _ _. Commercial invoice in quadruplicate; B. One original and one copy of the sight draft; C the air waybill for the last delivery of technical data and the letter from the supplier stating that all technical data have been delivered in duplicate. 3.3 Within 30 days after the trainees complete the training according to Annex 2 of this contract and check that the following documents are correct, the recipient shall pay the supplier ××% of the registration fee, amounting to USD. Commercial invoice in quadruplicate; B. One original and one copy of the sight draft; C a certificate signed by both parties, stating that the training has been completed in accordance with the requirements of the contract, in duplicate. 4. Licensee shall start to pay royalties after the product evaluation reaches the technical level specified in Paragraph 2. The terms of payment of royalties are as follows: 4. 1. Within 1 5 days after1every February, the receiving party will inform the supplier of the actual sales volume of the products in the previous calendar year (note: twice a year or by other means). 4.2 Within 30 days after receiving the following documents from the supplier, the recipient shall pay them to the supplier after verification: a. The current royalty is calculated in quadruplicate; Commercial invoice in quadruplicate; One original and one copy of sight draft. 5. When the supplier needs to pay a fine or compensation to the recipient, the recipient has the right to deduct it from any of the above money. Clause 10 tax 1. All taxes and fees incurred outside the recipient's country due to the performance of this contract shall be borne by the supplier. 2. The income obtained by the supplier in China due to the performance of this contract must be taxed according to the tax law of China. The tax shall be deducted by the recipient at each payment, and a copy of the receipt of the tax bureau shall be submitted to the supplier. Clause 1 1 arbitration 1. All disputes arising from or related to the execution of this contract shall be settled by both parties through friendly negotiation. If no agreement can be reached through negotiation, it shall be submitted to arbitration. 2. The place of arbitration shall be in Beijing, and the arbitration shall be conducted by the Foreign Economic and Trade Arbitration Commission of China Council for the Promotion of International Trade in accordance with its arbitration rules. The arbitral award is final and binding on both parties. The arbitration fee shall be borne by the losing party. 5. Except for the part to be arbitrated in the arbitration procedure, the contract shall continue to be executed. Article 12 Force Majeure. If the execution of the contract is affected by war, serious flood, fire, typhoon and earthquake (or other force majeure accidents agreed by both parties), the time limit for the performance of the contract shall be extended, which is equivalent to the time affected by the accident. 2. The responsible party shall notify the other party of the force majeure accident by telex or telegram as soon as possible, and submit the certification documents issued by the relevant authorities by registered airmail to the other party for confirmation within 14 days. 3. If the force majeure accident lasts for more than 120 days, both parties shall solve the problem of continuing to perform the contract through friendly negotiation as soon as possible. Article 13 If either party violates the terms of this contract for reasons other than force majeure, the other party may request the breaching party to compensate for the losses in writing or terminate the contract in advance. If the violator fails to pay compensation within 90 days after the notice is issued, the other party has the right to submit it to arbitration. Article 14: effectiveness, termination and others of the contract. This contract will be signed by the representatives of both parties on. All parties shall apply to their respective government agencies for approval, and the last approval date shall be the effective date of this contract. Both parties shall do their best to obtain approval within 60 days, notify each other by telex and confirm by letter. This contract is still invalid after 6 months from the date of signing, and both parties have the right to cancel the contract. 2. The validity period of this contract is * * * years from the effective date of this contract, and it will automatically become invalid after expiration. 3. After the termination of this contract, Licensee has the right to continue to sell the contract products produced before the termination of this contract. 4. At the expiration of this contract, the outstanding creditor's rights and debts incurred by both parties are not affected by the expiration of this contract, and the debtor shall continue to pay the outstanding debts to the creditors. This contract is written in English and Chinese, both languages are equally authentic. Each party holds two English and Chinese versions (Japanese and Chinese in Japan). 6. The annex to this contract is an integral part of this contract and has the same effect as the text of this contract. 7. Any change, modification, addition or deletion of the terms of this contract shall be agreed by both parties through consultation, and a written document shall be signed by an authorized representative, which is an integral part of this contract and has the same effect. 8. During the validity of this contract, both parties shall communicate in English or Chinese, and the formal notice shall be sent in writing and in duplicate by registered mail. Article 15 Legal address Supplier: XX Company Recipient: XX Company Address: Address: Telex: Telex: To sum up, we know how to write the model patent license contract, and the contents required in the contract must be complete, such as the types of patent license and the scope of technology use. The supplier's obligation to maintain and protect patent rights needs to be reflected in the contract. In case of breach of contract, how to deal with it is a contract content that must be mentioned. When we sign this kind of contract in the future, we should write according to the model essay.