What are the main obligations of the parties to a patent licensing contract
Main obligations of the transferor:
1. License the transferee to implement the patent within the scope stipulated in the contract. The lessor shall maintain the validity of the patent right within the validity period of the contract and pay the patent annual fee on schedule. Otherwise, if the patentee fails to pay the annual fee as required, the patent right will be terminated early. The patent annual fee shall be paid by the transferor (patentee). The transferor maintains the validity of the patent right by paying an annual fee to fulfill its obligation in the contract to license the transferee to implement the patent.
2. Delivery of the implementation patent as part of the contract technical information and provide necessary technical guidance. Technical data for implementing the patent, including design documents, diagrams, etc. The transferor provides necessary technical guidance to the transferee, which refers to helping the transferee solve problems that arise during the implementation of the patented technology in accordance with the contract, including assisting in installation, debugging, training personnel, etc.
Main obligations of the transferee:
1. Pay the usage fee in accordance with the amount and method agreed in the contract. The payment of royalties is a primary obligation of the transferee.
2. Implement this within the scope of the contract Patent means that patented products or patented methods may not be manufactured, used, or sold beyond the licensed period, territory, or method. No third party other than those specified in the contract may be licensed to exploit the patent.
"Patent Law"
Article 47 A patent right declared invalid is deemed to have been invalidated from the beginning. exist.
The decision to declare the patent right invalid shall not be affected by the declaration. Patent infringement judgments and mediation documents made and executed by the People's Court before the patent rights are invalidated, patent infringement dispute resolution decisions that have been performed or enforced, and patent implementation licensing contracts and patent rights transfer contracts that have been performed have no retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee.
No refund of patent infringement compensation shall be made in accordance with the provisions of the preceding paragraph. , patent royalties and patent rights transfer fees that obviously violate the principle of fairness shall be returned in whole or in part.
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