What are the obligations of the assignor and assignee in a patent license contract?
In the patent implementation license contract, The main obligations of the transferor are:
1. Guarantee You are the legal owner of the patented technology provided, and you guarantee that the patented technology provided is complete, correct, and valid, and can achieve the purpose agreed upon in the contract;
2. In accordance with the contract, permit the assignee to implement the patent, deliver technical materials related to the implementation of the patent, and provide necessary technical guidance;
3. Undertake confidentiality obligations;
4. The assignor of an exclusive license contract shall not license the assignor to exploit the patent. Within the scope, enter into a patent implementation license contract with a third party for the same patent. The assignor of an exclusive license contract shall not exploit the patent within the scope of the patent that has been licensed to the assignee. An exclusive implementation license contract means that after the transferor grants the implementation of the patented technology in a certain area or within a certain period of time to the transferee, it no longer has the right to implement the patented technology within the scope and within the period.Grant the right to license the patented technology to a third party. An exclusive license contract means that the transferor reserves the right to implement the patented technology within the scope and period of granting it to the transferee.
In a patent license contract, the main obligations of the assignee are:
1. Pay the price as stipulated in the contract.
2. In accordance with the scope, method and time limit agreed in the contract etc. to implement the patented technology and pay annual royalties as agreed.
3. No license is allowed without the consent of the assignor A third party other than those stipulated in the contract implements the patented technology.
4. Undertake confidentiality obligations.
"Patent Law"
Article 14 Except for the transfer of patent rights in accordance with Article 10 of the Patent Law, the patent If the rights are transferred due to other reasons, the parties concerned shall go through the patent right transfer procedures with the patent administration department of the State Council on the basis of relevant certification documents or legal documents.
A patent license contract concluded between a patentee and others must be filed with the patent administration department of the State Council within 3 months from the date of effective date of the contract.
If the patent right is pledged, the pledger shall and the pledgee shall jointly handle the pledge registration with the Patent Administration Department of the State Council.
You can come to the Legal Savior website to find a professional lawyer to help you Providing consulting services is the best choice. Lawyers here will take you to understand relevant legal knowledge and answer your questions for you.
