In accordance with the provisions of the Civil Law of People's Republic of China (PRC) and the Patent Law of People's Republic of China (PRC) signed by both parties, both parties to this contract have reached the following agreement on the expected purpose, technical content, rights and interests of achievements, income distribution, risk liability and related technologies and materials mentioned in this contract through equal consultation and on the basis of true and full expression of their wishes.
Article 1 Parties
Party A (transferee):
Party B (Transferor):
Article 2 the nature of the contract
This contract belongs to:
1. Exclusive implementation of license contract
2. Exclusive implementation of the license contract
3. General implementation of license contract
Article 3 Time and place of signing a contract
This contract was signed by the above-mentioned signatory on.
Article 4 Project name (authorized invention/utility model/design patent technology name):
Article 5 Patent Status
5. 1 The patent rights involved in this contract belong to:
1. Invention
2. utility model
Step 3 design
5.2 The patentee:
5.3 Date of patent authorization:
5.4 Patent application number:
5.5 Patent number:
5.6 Validity period of patent:
Article 6 Status of patent implementation
6. 1 Licensor's status of patent implementation (time, scope and method):
6.2 Licensor licenses others to exploit the patent (time, scope and method):
Article 7 Scope and Method of License
7. 1 Licensor allows Licensee to implement the patented technology involved in this contract within the following scope:
7.2 Implementation mode of patented technology:
Article 8 Technical data
8. 1 The transferor shall deliver the following technical data and samples related to the implementation of the patented technology to the transferee:
8.2 Delivery time:
8.3 Place of delivery:
8.4 Delivery method:
8.5 Other agreements:
Article 9 technical guidance
9. 1 Location where the Transferor provides technical guidance to the Transferee:
9.2 Contents of technical guidance:
9.3 Other agreements:
Article 10 Relevant technical secrets
10. 1 Does the transferor allow the transferee to use the patent-related technical secrets in this contract?
(1) Yes
(2) no.
10.2 the transferor shall provide the transferee with the technical secrets related to the patented technology:
10.3 Scope of confidentiality:
10.4 confidentiality period:
Article 11 patent effectiveness
Licensor has the obligation to maintain the validity of the patent right within the validity period of this contract.
Article 12 Protection of rights
During the validity of this contract, if a third party infringes the patent right, the transferor shall take legal measures in time to stop it, and the transferee shall give necessary cooperation.
Article 13 Risk taking
13. 1 During the performance of this contract, both parties shall bear the losses caused by force majeure as follows:
13.2 the force majeure factors referred to in this contract include the following circumstances in addition to those stipulated by law:
Article 14 acceptance criteria and methods
14. 1 acceptance time
14.2 acceptance place:
14.3 acceptance criteria:
14.4 acceptance method:
Article 15 Fees and payment methods
The total cost of this contract is RMB.
These include:
(1) Patent license fee RMB;
(2) The technical guidance fee is RMB;
(3) The use fee of technical secrets is RMB;
(4) Other expenses:
15.2 The contract fee shall be paid as follows.
(1) One-time payment, payment time and method:
(2) Installment payment, payment time and method:
(3) Other agreed ways are as follows:
15.3 the transferor has the right to consult the accounting accounts of the transferee. The consultation time and legislation are as follows:
Article 16 Subsequent improvement
16. 1 Are both parties obliged to inform each other of the technical achievements of subsequent improvement in writing?
(1) Yes
(2) no.
16.2 The rights and interests of technical achievements for subsequent improvement shall be shared in the following ways:
(1) The technical achievements of subsequent improvement are owned by the R&D party, and the other party has the right to use them, and
A. there is no need to pay the provider.
B. the fee shall be paid to the service provider.
The specific agreement is as follows:
(2) The technical achievements of subsequent improvement shall be owned by all parties to the contract, and all parties shall have the right to use them, and the benefits obtained therefrom shall be enjoyed by the users respectively. However, one party must obtain the consent of the other party to transfer the subsequent improved technological achievements;
(3) The rights and interests of both parties to the contract for the subsequent improvement of technological achievements are agreed as follows:
16.3 other protocols
Article 17 Liability for breach of contract
17. 1 Any signatory who violates any of Article, Article, Article, Article, Article and Article of this contract shall be liable for breach of contract in the following ways:
(1) Pay RMB liquidated damages;
(2) Pay liquidated damages according to% of the total contract target;
(3) Pay compensation according to the actual loss; The scope and calculation method of actual loss are as follows:
(4) Other calculation methods:
17.2 after the breaching party assumes the liability for breach of contract, the signing party agrees to the contents of this contract:
(1) Continue execution
(2) No more execution
(3) Whether to execute the negotiation again
Article 18 Modification of the Contract:
The undersigned confirms that in the course of performance of this contract, if it is necessary to change the specific contents, the signatory parties shall negotiate separately and agree in writing as the revised text of this contract.
Article 19 Termination of the Contract
19. 1 During the performance of the contract, the contractor may notify the other party to terminate the contract within days in case of any of the following circumstances:
(1) Due to the other party's breach of contract, it is impossible or unnecessary to continue to perform the contract;
(2) Other agreed circumstances:
19.2 after the termination of the contract, the actual losses caused by the performed part to the contractor shall be borne as follows:
Article 20 Method of dispute settlement
20. 1 Any dispute arising from the performance of the contract shall be settled through negotiation;
20.2 If negotiation fails, the signatories agree to settle the dispute by the following means:
(1) Apply to the Arbitration Commission for arbitration;
(2) to the people's court with jurisdiction.
Article 2 1 Definition of Nouns
In order to avoid differences in understanding between the two parties, both parties hereby confirm the relevant terms and technical terms and relevant supplementary contents involved in this contract as follows:
Article 22 Supplementary Agreement
22. 1 The undersigned confirms that the following contents are attached to this contract and have the same effect as this contract;
22.2 Other contents that need to be supplemented:
Article 23 Effective Contract This contract is made in duplicate and shall come into effect after being signed and sealed by both parties.
Party A: (Seal) Party B: (Seal)
Legal Representative/Entrusted Agent:
Domicile: