Does the patent use contract need to be notarized, and what should it contain?

1. Does the patent use contract need to be notarized, and what should it contain? Patent use contracts need to be notarized for the record. Need to include: the scope of implementation license; Technical data; Usage fee and payment method; Technical services; Trial production and acceptance of contract technology; Liability for breach of contract; Provide and share follow-up improvements; Measures for the treatment of invalidation and infringement of patent right; Taxes and fees; Alteration and termination of the contract; Confidentiality agreement. Two. Model Patent Use Contract Party A (Licensor): Address: Legal Representative: Party B (Licensee): Address: Legal Representative: Licensor is the sole patentee of NO. China patent. Licensor applied for this invention according to the patent number. Submitted to China Patent Office with application number and approval number of China Patent Office. In, the licensor has the right and agrees to grant the above patent exploitation license. Licensee agrees to obtain the above patent license from Licensor. The terms reached by both parties through friendly negotiation are as follows: Article 1 Definition 1. 1 patent: The patent referred to in this contract is licensed by Party A to Party B and has been authorized by China Patent Office (invention patent, utility model patent or design patent); PatentNo.: Application Date: Invention Name: 1.2 Patent Application: The patent application referred to in this contract refers to the patented technology of which Party A is the applicant and whose patent application has been or has not been published (announced) in China Patent Office. Its invention name: patent number: application date: announcement date: 1.3 general technology: refers to the patent-related technology owned by Party A 1.4 technical secret: refers to the undisclosed technology and 1.5 contract technology: refers to the patent, (or patent application) general technology or technical secret licensed by Party A to Party B. 1.6 All technical data: including patent application documents and technical data related to patent implementation (product design drawings, process drawings, process formula, process flow, list of tools and equipment required for manufacturing contract products, etc.). ). 1.7 Contract products: refers to the products manufactured by Party B using the contract technology. 1.8 technical services: refers to the services provided by Party A for Party B to implement the contract technology, including the teaching of contract technology by Party A to Party B and the training of relevant personnel of Party B. 1.9 Sales amount: refers to the total amount of contract products sold by Party B. 1. 10: refers to the total amount of contract products sold by Party B minus packaging fees and expenses. 1. 1 1 General implementation license contract: refers to that while Party A authorizes Party B to implement the contract technology within the time limit, area and technical scope stipulated in the contract, Party A reserves the right to use the technology and can continue to license any unit or individual other than Party B to use the technology. 1. 12 exclusive license contract: Party A reserves the right to use the contract technology while authorizing Party B to implement it within the time limit, area and technical scope stipulated in the contract, but shall not permit any unit or individual other than Party B to use the technology. 1. 13 exclusive license contract: Party A authorizes Party B to implement the contract technology within the time limit, area and technical scope specified in the contract, and no unit or individual other than Party A and Party B may use the technology contract. Article 2 Scope of Implementation License 2. 1 Party A authorizes Party B to use Party A's patented technology, patent application technology and technical secrets related to the implementation of this technology. 2.2 All materials (with attachments) that Party A allows Party B to use the contract technology; Manufacturing, using and selling contract products; Quality and technical inspection standards and inspection methods of contract products (with attachments). 2.3 This contract is a (general, exclusive and exclusive) implementation license contract. Party B shall implement the contract technology in this area within the time limit stipulated in the contract. Without the consent of Party A, Party B shall not engage in joint venture with a third party to expand the scope of implementation without authorization, and has no right to license the contract technology to a third party. If Party A agrees to Party B's transfer to a third party, a sub-licensing contract will be signed separately. 2.4 The period for the Licensee to exploit the patent is years and months. From year month day to year month day. After the expiration of the time limit, if it is necessary to continue the execution, both parties shall negotiate the execution and remuneration separately and sign a separate contract. Article 3 Technical Data 3. 1 After this contract comes into effect, Party A (or intermediary) shall deliver the technical data stipulated in the contract to Party B within days after receiving the entrance fee RMB paid by Party B. 3.2 The technical data delivered by Party A to Party B shall be complete and clear. The contents and specifications of drawings and materials shall conform to the relevant national standards and regulations. 3.3 Within days after receiving the technical data submitted by Party A, Party B shall carefully check and check the data. If it is found that it does not meet the above requirements, it shall submit it to Party A within days, and Party A shall supplement or replace it within days; If the technical data meet the requirements, Party B shall sign a confirmation letter for acceptance of the technical data to Party A .. Article 4 Royalty and payment method 4. 1 This contract pays the Royalty in the following ways: (1) The Royalty in this contract is a combination of the entry fee and the Royalty, in which the entry fee is RMB10,000 Yuan, and the Royalty is% of the net sales of the contract products in that year. The calculation time of royalty in this contract starts from the month following the effective date of this contract, and the settlement date of royalty is 65438+February 3 1. Party B shall pay the registration fee (or deposit) of RMB10,000.00 Yuan to Party A (or intermediary) within days after the contract comes into effect. Party B shall pay royalties to Party A within days after the end of each quarter from the date of sales of the Contract Products. (2) This contract adopts the method of installment payment within the total amount. Party B shall pay the first RMB yuan to Party A after the contract comes into effect, and then pay RMB yuan in installments before the end of each accounting year (month/quarter/year). Including the down payment, the total payment is * * *, that is, * * * yuan. (3) This contract adopts lump-sum payment, and Party B shall pay all the use fees to Party A in one lump sum within days after the contract comes into effect. Party A is responsible for providing relevant invoices. 4.2 Party A has the right to consult the relevant accounts of Party B's implementation of the contract technology. Article 5 Technical Services 5. 1 Party A is responsible for teaching Party B the relevant contents of the contract technology after the contract comes into effect, and answering questions raised in the implementation of the contract technology. 5.2 During Party B's trial production of the contract products, Party A shall send qualified technicians to Party B's site for technical guidance and be responsible for training Party B's technicians and trial production personnel. The conditions and cultural level of Party B's training personnel should meet the reasonable requirements put forward by Party A. 5.3 If Party B does not pay the technical service fee for the personnel dispatched by Party A who can meet Party B's technical services, the usage fee should be increased appropriately, but Party B should ensure the necessary working and living conditions for Party A's personnel. 5.4 After Party A completes the above technical services, it is accepted by both parties, and the acceptance certificate is signed by * * *. 5.5 After the acceptance of technical services, if Party B needs it, Party A's personnel will go to Party B for on-site guidance, and the technical service fees, travel expenses, food standards and other matters will be negotiated separately by both parties. Article 6 Trial production and acceptance of contract technology 6. 1 Party B shall manufacture and produce the contract products according to Party A's contract technology. If the trial production is unsuccessful due to Party B's reasons, Party A shall assist Party B to conduct the trial production again. If the contract products still cannot be produced, Party A has the right to terminate the contract without returning the royalties. If the trial production is unsuccessful due to Party A's reasons, Party B has the right to terminate the contract, and Party A will refund the royalties and compensate Party B for the losses caused by the trial production. 6.2 After the trial production of the contract products is successful, the contract products produced by Party B using the contract technology shall be checked and accepted according to the technical performance indicators specified in the contract (with attachments). 6.3 The acceptance of the contract products shall be entrusted by Party B to the product quality inspection department recognized by the state, or appraised by Party B with the participation of Party A, and the required expenses shall be borne by Party B. 6.4 If the products fail to pass the acceptance, both parties shall negotiate with their respective representatives, investigate the reasons and determine the responsibilities of both parties. 6.5 If the first acceptance of the contract products is not due to Party B, the responsibility lies with Party A, and Party A shall be responsible for finding out the reasons and proposing technical measures to eliminate product defects. 6.6 If the product is still unqualified after the second acceptance, and the responsibility lies with Party A, and Party A fails to take remedial measures to eliminate the product defects, Party B has the right to terminate the contract, and Party A shall refund the patent fees paid by Party B to Party A and compensate Party B for some losses according to the specific circumstances. 6.7 If the acceptance of contract products is unqualified due to Party B's responsibility, Party A shall assist Party B to analyze the reasons and propose remedial measures. If Party B fails to implement the contract technology after re-acceptance, Party A has the right to terminate the contract. 6.8 After the acceptance of the contract products, both parties shall sign a contract technical acceptance agreement. Article 7 Liability for breach of contract 7. 1 If Party A fails to deliver the contract technical data to Party B as scheduled without justifiable reasons, it shall pay RMB to Party B as liquidated damages for each week overdue; If Party A fails to deliver the technical data of the contract to Party B within two months, or fails to meet the requirements after replacement, Party B has the right to terminate the contract, and Party A shall refund the entrance fee and pay liquidated damages. 7.2 If Party B fails to pay the usage fee to Party A on time, it shall pay Party A a penalty of 0.0 ‰ of the overdue amount for each day overdue; If the usage fee is overdue for more than two months, Party A has the right to terminate the contract in addition to making up the usage fee and paying liquidated damages. 7.3 If Party B permits or discloses the contract technology to others without authorization, Party B shall return all the illegal gains to Party A, or pay a penalty of RMB, and must immediately stop others from using the contract technology. If Party A discloses Party B's contract technical improvement department or Party B's sales secrets to others without authorization, it shall pay RMB to Party B as liquidated damages. 7.4 (Special Terms for Exclusive License) Where Party B exclusively implements the license contract, and the patent exploitation exceeds the scope agreed in this contract, it shall pay liquidated damages to Party A, and Party B shall immediately stop the implementation. 7.5 (Special Terms for Exclusive License) Where Party A exclusively licenses this contract and licenses others to implement the technology of this contract within the scope of licensing Party B, it shall pay liquidated damages to Party B and stop licensing others to implement the technology of this contract. Article 8 Provision and Sharing of Subsequent Improvements 8. 1 During the validity of the contract, either party shall promptly notify the other party of the improvements made to the contract technology. 8.2 It is a substantial and significant improvement and development. The right to apply for a patent belongs to the improving party, and the improving party should give priority to the other party at preferential prices. 8.3 is a minor improvement on the original basis, and both parties provide each other with free use. 8.4 If the improving party fails to apply for a patent for the improvement of the contract technology, the other party shall bear the confidentiality responsibility for the improved technology, and has no right to transfer the technology or apply for a patent to others without authorization. 8.5 The patent application right belongs to both parties for the significant improvement made by both parties to the contract technology. If Party B transfers its patent application right to the other party, the other party can apply for a patent separately, and Party B who gives up the patent application right can exploit the patent for free. Both parties shall sign a patent application right transfer agreement. If Party B does not agree to apply for a patent, the other party shall not apply for a patent without authorization. 8.6 It is necessary for both parties to sign a separate agreement on the improved patent-free general technical achievements to deal with the right to use and benefit sharing. Article 9 Measures to Deal with Invalidity and Infringement of Patent Right 9. 1 Licensor has the obligation to safeguard patent right and pay annual fee. 9.2 Both Licensor and Licensee have the right to sue a 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:% licensor and% licensee. Article 10 Taxes 10. 1 All taxes and fees arising from the performance of this contract outside the province/city/region where Licensor is located shall be borne by Licensee. 10.2 the income obtained by the licensee from the performance of this contract must be taxed according to law. Article 11 Modification and Termination of the Contract 1 1. 1 (Exclusive or exclusive licensing special clauses: If Party B exclusively (or exclusively) implements the licensing contract and fails to implement the contract technology within months after the contract takes effect, or fails to manufacture qualified contract products within months due to reasons other than Party A, this contract will automatically become a general licensing contract, and Party A has the right to license the contract technology to. Article 12 Confidentiality 12. 1 Both parties promise to keep confidential the business secrets (technical information, business information and other business secrets) obtained from the other party that cannot be obtained through public channels. Without the consent of the original provider of the trade secret, one party shall not disclose all or part of the trade secret to any third party. Unless otherwise stipulated by laws and regulations or otherwise agreed by both parties. The confidentiality period is years. 12.2 If one party violates the above confidentiality obligations, it shall bear corresponding liabilities for breach of contract and compensate the losses caused thereby. Article 13 Force Majeure 13. 1 Force Majeure as mentioned in this contract refers to unforeseeable, insurmountable and inevitable objective events that have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, and social events such as wars, turmoil and government actions. 13.2 if the contract cannot be performed due to force majeure, the party with force majeure shall immediately notify the other party of the accident in writing, and shall provide the details of the accident and the written materials for the inability to perform or the need to postpone the performance of the contract within days, and terminate the contract or temporarily postpone the performance of the contract after mutual agreement. Article 14 Settlement of Disputes 14. 1 In case of any dispute arising from the performance of this contract, both parties shall clearly define their responsibilities according to the contract and settle it by themselves on the principle of friendly negotiation. 14.2 If both parties fail to reach an agreement through consultation, the case shall be submitted to the patent administration authority for mediation. If you are dissatisfied with the mediation, either party may bring a lawsuit to the local people's court with jurisdiction. The content of the patent use contract transfer agreement must emphasize the relevant legal responsibilities and confidential matters, because it has certain risks. Generally, the transfer of patent use contracts is carried out on a voluntary basis, which is also the basis for the law to judge whether notarization is needed, so the conclusion we draw is fair or not. But for the sake of caution, I suggest that it is more appropriate for everyone to notarize it.