Indicate the patent transfer fee, transfer authority, etc.
Consult the local trademark agency for details.
The following templates
Contract number:
Technology transfer (patent application right) contract
Project name:
Assignee:
(Party A)
Transferor:
(Party B)
Signature time:
Signing place:
Validity period:
Printed by the Ministry of Science and Technology of the People's Republic of China
Fill in and explain
1. This contract is a model text of technology transfer (patent application right) contract printed by People's Republic of China (PRC) and the Ministry of Science and Technology of China, which can be recommended by the technology contract accreditation and registration agency for the reference of the parties to the technology contract.
2. This contract is applicable to a contract in which one party (transferor) transfers its right to apply for a patent for a specific invention-creation to the transferee, and the transferee pays the agreed price.
Three. If there are multiple parties to a contract, they can be listed as * * * the same transferee or * * * the same transferor respectively under "the entrusting party" and "the entrusted party" (add page) according to their respective roles in the contractual relationship.
Four. For matters not covered in this contract, both parties may separately agree to attach pages, which are an integral part of this contract.
5. When using this contract, both parties agree that there is no need to fill in the terms, and the word "None" should be indicated in the terms.
Technology transfer (patent application right) contract
Transferee (Party A):
Place of residence:
Legal representative:
Project contact:
Contact information:
Mailing address:
Tel: Fax:
E-mail:
Transferor (Party B):
Place of residence:
Legal representative:
Project contact:
Contact information:
Mailing address:
Tel: Fax:
E-mail:
In this contract, Party B has created a technical invention and applied for a patent, and Party A has the right to apply for a patent for this technical invention and pay the corresponding transfer price. On the basis of truly and fully expressing their respective wishes and in accordance with the provisions of the Contract Law of People's Republic of China (PRC), both parties reached the following agreement on the transfer of patent application right through equal consultation, and both parties shall abide by it.
Article 1: Right to apply for a patent of the present invention:
1. belongs to (invention, utility model, design) application.
2. Inventor/Designer:
3. Patent applicant:
4. Date of patent application:.
5. Patent application number:.
Article 2: Party B's implementation or transfer of the present invention before the signing of this contract is as follows:
1. Situation (time, place, mode and scale) caused by Party B's implementation of the present invention:
.
2. The circumstances (time, place, method and scale) in which Party B permits others to use the invention and creation;
.
3. After this contract comes into effect, Party B has the obligation to notify all parties licensed to use the invention within days of the transfer of the right to apply for a patent for invention-creation.
Article 3: After this contract comes into effect, Party A shall guarantee the performance of the original technology transfer contract. The rights and obligations enjoyed by Party B in the original technology transfer contract shall be borne by Party A from the effective date of this contract. Party B shall notify and assist the transferor of the original technology transfer contract to handle the contract change with Party A within days.
Article 4: In order to ensure that Party A applies for a patent, Party B shall submit the following technical materials to Party A:
1.；
2.；
3.；
4.。
Article 5: The time, place and method for Party B to submit technical data to Party A are as follows:
1. submission time:
2. Place of submission:
3. Submission method:
Article 6: Party B shall ensure that its patent application right does not infringe upon the legitimate rights and interests of any third party. If a third party accuses Party A of infringement, Party B shall
.
Article 7: Party A shall pay Party B the price of the right to apply for a patent for invention-creation in the following ways:
1. The total transfer price of the patent application right is:
2. The transfer price of the patent application right shall be paid by Party A to Party B (one-time, installment or royalty).
The specific payment method and time are as follows:
( 1)
(2)
(3)
The name, address and account number of Party B's bank are:
Bank of deposit:
Address:
Account number:
3. Both parties confirm that if Party A pays Party B's R&D funds and remuneration from the profits generated from the implementation of R&D results, Party B has the right to use them.
Check Party A's relevant accounting accounts.
Article 8: Both parties confirm that after this contract comes into effect, if Party A's patent application is rejected by the State Patent Administration, Party B will not refund the transfer fee it has received; If it has not been collected, it will be handled as follows:
.
The special agreement between the two parties on rejecting the patent application is as follows:
.
Article 9: Both parties confirm that:
1. If Party A obtains the patent right after the contract comes into effect, Party B shall implement or use the invention and creation according to the following agreement:
.
2. After this contract comes into effect, if the patent application is rejected before the patent is published, both parties shall implement or use the invention and creation according to the following agreement:
.
Article 10: Both parties confirm that both parties have the obligation to keep the invention confidential before the patent application for invention is published and after the patent application is rejected. The specific confidentiality agreement is as follows:
Party A:
1. Confidential contents (including technical information and commercial information):
.
2. Scope of confidential personnel:
;
3. Confidentiality period:
.
4. Leakage responsibility:
.
Party B:
1. Confidential contents (including technical information and commercial information):
.
2. Scope of confidential personnel:
;
3. Confidentiality period:
.
4. Leakage responsibility:
.
Article 11: After the signing of this contract, Party A shall be responsible for handling the transfer registration of patent application right within days.
Article 12: Both parties confirm that:
1. Party A has the right to use the invention-creation involved in the patent application right delivered by Party B for subsequent improvement, and the new technological achievements with the characteristics of substantive or creative technological progress resulting therefrom shall be owned by both parties. The specific distribution methods of relevant interests are as follows:
.
2. Party B has the right to make subsequent improvements to the invention and creation after the patent application right is transferred to Party A, and the resulting new technological achievements with the characteristics of substantive or creative technological progress shall be owned by both parties. The specific distribution methods of relevant interests are as follows:
.
Article 13: Both parties agree to assume their respective liabilities for breach of contract according to the following agreement:
1. If Party A violates the provisions in Article of this contract, Party A shall
(Calculation method of payment of liquidated damages or damages).
2. In case of violation of Article of this contract, Party A shall
(Calculation method of payment of liquidated damages or damages).
3. In case of violation of Article of this contract, Party A shall
(Calculation method of payment of liquidated damages or damages).
4. In case of violation of Article of this contract, Party A shall
(Calculation method of payment of liquidated damages or damages).
Article 14: Both parties confirm that within the validity period of this contract, Party A shall designate
Party A is the project contact person, and Party B is designated as Party B's project contact person ... The project contact person shall bear the following responsibilities:
1.
2.
3.
If one party changes the project contact person, it shall promptly notify the other party in writing. If the performance of this contract is affected or losses are caused due to the failure to notify in time, it shall bear corresponding responsibilities.
Article 15: Confirmation by both parties; In the following cases; The performance of this contract is unnecessary or impossible; This contract can be dissolved:
1. Due to force majeure;
2.
3.
Article 16 Any dispute arising from the performance of this contract shall be settled through negotiation and mediation. If negotiation or mediation fails, it shall be settled in the following ways:
1. Submit to the Arbitration Commission for arbitration;
2. Bring a lawsuit to the people's court according to law.
Article 17: Both parties confirm that the definitions and interpretations of relevant terms and technical terms involved in this contract and related annexes are as follows:
1.
2.
3.
4.
5.
Article 18: After the following technical documents related to the performance of this contract are confirmed by both parties,
As an integral part of this contract:
1. Technical background information:
2. Feasibility report:
3. Technical assessment report:
4. Technical standards and specifications:
5. Original design and process documents:
6. Others:
.
Article 19: Both parties agree that other relevant matters in this contract are:
.
Article 20: This contract is made in duplicate, with the same legal effect.
Article 21: This contract shall come into force as of the date of registration by the State Patent Administration.
Party A: (Seal)
Legal representative/entrusted agent: (signature)
date month year
Party B: (Seal)
Legal representative/entrusted agent: (signature)
date month year