What are the procedural requirements for transferring patent rights?

What are the procedural requirements for the transfer of patent rights? Regarding this issue, the editor of Legal Savior Network has compiled information on this issue for you. If you want to know what the procedural requirements for the transfer of patent rights are. If you want to know, please Follow the editor to read it, and I will answer it for you right away. Follow the editor of the Legal Savior Network and read on.

What are the procedural requirements for the transfer of patent rights?

(1) First of all To understand the model of patent technology trade

1. Ordinary implementation license: the licensing party (i.e. the Patentee) allows the licensed party to implement its patent, and the licensing party The party still reserves the right to use the patent or sign a license contract with a third party.

2. Exclusive implementation license: The licensed party obtains the exclusive right to implement the patent, and no other person (including the licensing party) is allowed to implement the patent.

3. Exclusive implementation license: The licensed party has the right to implement, and the licensor also has the right to implement, but the licensor may not sublicense any third party to implement.

4. Sub-sale implementation license: The licensee may, with the consent of the licensor, license a third party to implement the licensor's patent in its own name .

5. Cross-implementation licensing: Two patentees use each other's patents in the form of reciprocal technology exchange.

6. Transfer of patent rights: The patentee transfers his patent rights to others.

(2) Signing a patent license contract

The contract has the following terms:

①Preface;

②Definition of contract terms;

②The subject matter of the contract: refers to the determination and description of the technical scope. Indicate the type, name, application date, approval date, validity period, etc. of the patent;

④ Payment of fees: divided into one-time total payment, commission fee (the commission ratio is determined based on the sales amount or profit), entry fee plus commission fee (after signing the contract, a prepayment of one A fee, and then a commission based on the sales amount or profit every year), technology stock investment (the patentee uses its patented technology as a stock investment, sharing benefits and risks);

⑤Delivery of technical data: Specify the scope, delivery time, location, and acceptance method of technical data;

⑥Sharing of technical improvement results: after signing the contract One party’s improvement of the patented technology, who owns the results and the interests of the other party;

⑦Technical services and personnel training: The licensed party obtains technology It may not be possible to produce qualified products after obtaining the information, and the licensed party must provide training, guidance, etc.;

⑧Confidentiality clause: mainly involves technical secrets, and the licensed party The promising party shall have the obligation to keep confidentiality;

⑨Guarantee clause: Each party gives the other party a commitment to perform the contract;

⑩Dispute resolution: stipulates the resolution of disputes between the two parties;

⑾Breach of contract: non-performance or failure to perform the contract on time Treatment of breach of contract; ⑿ Effective date, validity period, termination and extension of the contract.

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