What are the obligations of the grantor and the transferee of a patent licensing contract

Once a patent licensing contract is established, both parties have certain obligations. What are the obligations of the grantor and the transferee of a patent licensing contract? The following legal savior Xiaobian collated the following content for you to answer, I hope to help you.

What are the obligations of the grantor and the transferee of a patent licensing contract

In a patent licensing contract, the grantor's main obligations are:

(1) Ensure that it is the legal owner of the patented technology provided, and ensure that the patented technology provided is complete, correct, effective, and can achieve the purpose agreed in the contract;

(2) To license the transferee to exploit the patent in accordance with the contract, to deliver technical materials related to the exploitation of the patent, and to provide necessary technical guidance;

Iii. Undertake confidentiality obligations;

The licensor of an exclusive exploitation license contract may not enter into a patent exploitation license contract with a third party for the same patent within the scope of the patent that the licensor has already licensed to exploit. The grantor of an exclusive exploitation license contract may not exploit the patent to the extent that it has already licensed the grantee to exploit the patent. An exclusive exploitation license contract means that after the supplying party grants the patented technology to the supplying party in a certain region or period, it no longer enjoys the right to exploit the patented technology within the scope and period, and no longer enjoys the right to license the patented technology to a third party. An exclusive exploitation license contract means that the grantor reserves the right to exploit the patented technology itself within the scope and period of exploitation granted to the grantee.

In a patent licensing contract, the main obligations of the assignee are:

1. Pay the price as agreed in the contract.

(2) Implement the patented technology in accordance with the scope, method and term agreed upon in the contract, and pay an annual fee for use in accordance with the contract.

3. Without the consent of the assignor, no third party other than the one agreed in the contract may be licensed to implement the patented technology.

Iv. Undertake confidentiality obligations.

Patent Law

Article 14 Where, in addition to the assignment of the patent right in accordance with the provisions of Article 10 of the Patent Law, the patent right is transferred due to any other cause, the parties shall, by presentation of relevant supporting documents or legal documents, go through the formalities for the transfer of the patent right with the patent administration department under The State Council.

A patent licensing contract concluded between the patentee and another person shall be filed with the patent administration department under The State Council within three months from the effective date of the contract.

Where the patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department under The State Council.

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