What is the overview of a patent technology transfer contract
The concept of patent technology transfer contract refers to the patent application between certain legal entities. A contract with rights and obligations concluded for the transfer of rights, patent rights, patent implementation license or transfer of proprietary technology.
Technology transfer contract refers to the parties’ agreement on patent transfer, patent Transfer of application rights, patent implementation license, non-patented technology and concluded contracts.
If the contract is signed through an intermediary agency, it should Attach the intermediary contract as an attachment to this contract. If both parties agree on a deposit, property mortgage and guarantee, a copy of the deposit payment, property mortgage and guarantee procedures shall be attached as an attachment to this contract.
Patented technology investment
Patented technology equity investment refers to using patented technology results as property After the price is determined, it is combined with other forms of property (such as currency, physical objects, etc.) in the form of capital contribution.Land use rights, etc.) are combined to form a limited liability company or a joint-stock company according to legal procedures. In addition to the particularity of the patent itself, the use of Patents for investment will also involve more areas of the Company Law.
First, in practice Forms of investing in shares using patented technology include investing with patent rights, investing with patent implementation rights, and also treating patent application rights as patent technology pricing. According to Article 27 of the new "Company Law", "Shareholders may make capital contributions in currency, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and transferred in accordance with the law; however, legal and administrative Except for property that cannot be used as capital contribution according to regulations.
Second , please note that the following investment procedures need to be completed before the investment with patent rights is deemed to be flawless. First, the value of the patent must be evaluated, and then the patentee must go to the Patent Office to transfer the patent rights to the invested company in accordance with the contract and articles of association for establishing the company. According to the registration and announcement procedures, the industrial and commercial registration authority determines the fulfillment of the shareholder investment obligations of shareholders who invest in patented technology based on the patent transfer procedures.
Third, please note that those who invest in patents must be the legal rights holders of the patents. And in our country, there are regulations on the entities that can make equity investments. Whether it is a state-owned enterprise, a legal person with an internal functional organization or an individual investing in patents, there are certain restrictions.
Fourth, when using patented technology to invest in shares, attention must also be paid to the handover of technical data and the transfer of rights; technical training and guidance for patent investors; and the ownership and ownership of subsequent improvements.Liability of parties for breach of contract.
Fifth, special attention needs to be paid to patented technology when investing in patents reliability. It is undeniable that because the examiners who approve patents are limited by the patent office's document storage capacity and may be negligent in their work, there is a possibility of granting patent rights to technologies that do not meet patent conditions. In addition, for utility model patents and appearance patents, the possibility exists. Design patents are not subject to substantive examination, so the law stipulates that any unit or individual can file an application to declare the patent invalid. Once it is declared invalid, it will no longer have the attributes of property rights and cannot be used as a technology for investing in shares. Therefore, it is very necessary to conduct necessary examination and search of the patent and to stipulate in the contract the treatment method after the invalidation.
In the actual operation process, it is recommended to consult professional advice , ask the professional lawyers of the Legal Savior Network to handle it, so as to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. If there is something you don’t understand. You can also search for relevant legal solutions.
