What are the requirements for the transferor in a technology transfer contract?

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What are the requirements for the transferor in a technology transfer contract

(1) The parties who are the subject of the contract The technical achievements already in hand at the time of conclusion of the contract include invention patents, technical secrets and other intellectual property achievements.

(2) The subject matter of the contract has Completeness and practicality, the relevant technical content should constitute a technical solution for products, processes, materials, varieties and other improvements.

(3) The parties have a clear understanding of the subject matter of the contract Intellectual property ownership agreement.

Technology Transfer Contract

A technology transfer contract refers to a patent agreement between the parties. Contracts entered into for transfer of rights, transfer of patent application rights, patent implementation licenses and transfer of technical secrets. Technology transfer contracts includeThere are four types of patent rights transfer contracts, patent application rights transfer contracts, technology secret transfer contracts and patent implementation license contracts.

Technology transfer contracts should be in writing. Technology transfer contracts are a type of relatively complex contracts that involve intellectual property issues such as patents and technical secrets, and are prone to disputes. The use of written form will, on the one hand, help clarify the rights and obligations of the parties and avoid the occurrence of disputes; on the other hand, it will also help resolve disputes after they occur.

The subject matter of a technology transfer contract is when the parties enter into the contract The technological achievements that have been mastered include invention patents, technical secrets and other intellectual property achievements.

The subject matter of a technology contract is very broad and can It is a technological achievement that can be applied in various sectors of industry, agriculture, transportation, medical and health, environmental protection, national defense construction, and the national economy, and is not restricted by industry, major, or 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.

Notes:

1. Pay attention to the validity of patents and technical secrets . The validity of a patent mainly reflects the transferred patent or licenseThe patent for the invention shall be within the validity period; if it exceeds the limited period, it shall not be protected by law. The effectiveness of technical secrets mainly reflects confidentiality, that is, they are not known to the public and are the exclusive property of everyone. If the technology is already known to the public, it cannot be said to be a technical secret, and of course there is no transfer issue.

2. The relevant technical conditions should be clearly agreed upon.

Technology is the subject matter of the technology transfer contract. The relevant circumstances should be specified in the contract in detail to facilitate implementation. Relevant information about the technology includes: the name of the technology project, the main indicators, functions or uses of the technology, key technologies, production processes, precautions, etc. These data show the inherent characteristics of the technology and are effective, and are also the basis for the parties to calculate royalties or transfer fees.

3. Scope of transfer or license.

Transferring technology or licensing others to implement technology must be Clarify the scope. The optional clauses in the contract include: if the patent is transferred, it involves the change of the patentee, so its scope covers the whole country; if the patent is licensed, it must be clear in what area the patent can be used, and anything beyond that is a breach of contract; technical secrets If transferred, the transferor shall bear the responsibility of confidentiality, and its scope of use may be nationwide or only in a certain region.

4. Agreement on transfer fees.

Transfer fees include transfer fees and usage fees. In the case of patent transfer, the transferee shallPay the transfer fee. The transfer fee is calculated based on the actual value that the technology can generate, and a ratio is usually specified to facilitate operation. In the case of a license, the amount of the transfer fee or royalties will be considered based on factors such as the scope of use, production capacity, and whether it is exclusive.

The transferee fails to pay the usage fee as agreed , shall make up the royalties and pay liquidated damages in accordance with the agreement; if it fails to make up the royalties or pay liquidated damages, it shall stop the implementation of the patent or the use of technical secrets, return the technical data, and bear the liability for breach of contract. If the implementation of a patent or the use of technical secrets exceeds the agreed scope, and if a third party is authorized to implement the patent or use the technical secrets without the consent of the assignor, the breach of contract shall be stopped and the liability for breach of contract shall be borne; if the party violates the agreed confidentiality obligation, the party shall Bear liability for breach of contract. In addition, different types of technology transfer have issues that should be paid special attention to when signing contracts.

The above are the answers to these questions. I hope it will be helpful to you. Everyone is helpful. If you need help in this regard, the Legal Savior Network provides online lawyer consultation services and you are welcome to make legal consultations.