How to understand technology transfer contracts

Science and technology are the fundamental driving force for social development. In today's society, the development of science and technology is changing with each passing day, and technology transfer is also quite frequent. Technology transfer contracts, simply put, refer to contracts entered into between the parties regarding the transfer of patent application rights, patent implementation licenses, and technology secret transfers. So how to understand the specific technology transfer contract? The editor of Legal Savior Network has compiled this issue for you as follows. Welcome to read.

How to understand technology transfer contracts

A technology transfer contract means that the transferor transfers the ownership or use rights of certain technological achievements to An agreement whereby the transferee is required to pay an agreed price or royalty. Including patent rights transfer contracts, patent implementation licensing contracts, non-patent technology transfer contracts, etc. Main features: (1) Its subject matter is some kind of intangible property, including patented technology, proprietary technology and other technical achievements; (2) It is a contract to transfer the property rights of technological achievements, especially the right to use, and the transferor is transferring its Technology owners often do not lose ownership of their technological achievements. The main contract contents include: terms of reference, definition terms, transfer method, scope of rights, contract area, transfer fees, guarantee terms, technical improvements and feedback, confidentiality terms, contract period, etc.

Characteristics of technology transfer contracts

1. Specificity

The subject matter of a technology transfer contract is the technological achievements that the parties have mastered when entering into the contract, including Invention and creation patents, technical secrets and other intellectual property achievements. The subject matter of technology contracts is veryBroadly speaking, it can be technological achievements that can be applied in industry, agriculture, transportation, medical and health, environmental protection, national defense construction, and various departments of the national economy, and is not restricted by industries, majors, and natural science disciplines. However, the subject matter of a technology transfer contract must be existing technological achievements, excluding technological achievements that have yet to be researched and developed. If the parties take technological achievements that have yet to be researched and developed as the subject matter, they should enter into a technology development contract rather than a technology transfer contract.

2. Integrity

Technology transfer The subject matter of the contract must be complete and practical, and the relevant technical content constitutes a technical solution for products, processes, materials, varieties and their improvements. In technical consulting and technical service contracts, one party will also provide technical information and technical materials to the other party for consulting service projects, but this is essentially different from a technical solution with specific and complete technical content. This is also Important differences between technology transfer contracts and technical consulting and technical service contracts.

3. Rights attributes

The performance of the technology transfer contract is expressed in the form of drawings, materials, disks, Technical documents or technical solutions with magnetic tapes as material carriers are transferred between parties, but essentially the ownership of patent application rights, patent rights, technical secret rights, and patent implementation licensing rights are transferred between parties.

4. Legality

Since technology transfer contracts involve patents, technical secrets and other issues, in addition to being restricted by the Civil Code, they are also subject to intellectual property laws such as the Patent Law.

The above is the relevant overview and characteristics of technology transfer contracts compiled by the editor for your reference. It is worth noting that in the contract, the relevant circumstances of the technology should be clearly stipulated, and the transfer of technology or licensing of others to implement the technology should have a clear scope. Our website also provides professional lawyer services. If you need it, you are welcome to consult online.