What are the requirements for the transferee in a technology transfer contract
The assignee and the party to the technology secret use license contract The licensor shall use the technology in accordance with the agreement, pay transfer fees and usage fees, and assume confidentiality obligations.
Patent rights are granted by the state to the inventor or recipient in accordance with the law. The exclusive right to inventions and creations that a person enjoys within a certain period of time. The patentee has the right to transfer his Patent rights. The person who has transferred the patent right through the patent transfer contract is also the legal patentee and enjoys all the rights of the patentee. In addition to the provisions of my country's Patent Law and a series of related laws and regulations, the transfer of patent rights mainly involves legal fields such as the Civil Code. The transfer process can be said to be the process of contract negotiation. The following aspects should be paid attention to when transferring patent rights.
1. Pay attention to the issue of the right holder. It mainly depends on whether the assignor is the legal holder of the patent, whether there are co-owners, whether there is the nature of a service invention, and whether there is an approval opinion for the patent of a state-owned enterprise. .
2.Pay attention to the issue of the transferee. In particular, the transfer of patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities of the State Council.
3. Pay attention to the transfer of patent rights in accordance with legal provisions It must be registered and announced by the Patent Office to take effect.
4. The patent must be clearly stated in the patent transfer contract The name, nature, content and ownership status of the patent, and special attention should be paid to the protection period of the patent right.
5. The patent must be clearly stated in the patent transfer contract Implementation before transfer and possible consequences. There should also be a clear agreement on whether the transferor can continue to implement the technology under the patent after the patent is transferred.
6. Pay attention to the right to agree on subsequent improvements to technical results. genus.
7. Because the patent may be declared invalid To be specific, please note that the legal consequences of invalidity and possible liability for breach of contract should be clearly stipulated in the contract. Patent transfer involves great commercial risks because it may be declared invalid. In the actual cases we operate, a series of disputes caused by invalidation are also relatively common. If the prior agreement is unclear, It is also more complicated to handle.
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