What is the identification and processing of technology transfer contracts during the patent application process
Recognition of technology transfer contracts during the patent application process And processing needs to be analyzed based on whether the terms of the transfer contract are valid.
Matters agreed in the patent technology transfer contract
①Project name: The project name should be stated A contract for the transfer of patent rights for an invention, utility model or design.
②The name and content of the invention and creation should be concisely Clear professional terms should accurately and summarily express the name of the invention and creation, the professional technical field to which it belongs, the status of the existing technology and the substantive features of the invention and creation.
③Patent application date, patent number, application number and The validity period of the patent right.
④Patent implementation and implementation licensing. Some patent rights transfer contracts are between the transferor or a third party If the contract is concluded after a patent license contract is concluded, this situation should specify whether the transferor continues to exploit or the contract has been concluded
Patents, how to transfer the rights and obligations of implementing licensing contracts, etc.
⑤ List of technical information materials, which should at least include the invention description , drawings and other technical materials necessary for general professionals in the technical field to implement the invention and creation.
⑥Price and payment method.
⑦ Calculation method of liquidated damages or loss compensation.
⑧The method of resolving the dispute, the parties are willing to When a dispute arises, if it is submitted to an arbitration institution trusted by both parties, the arbitration institution should be specified in the contract. Clarifying the mutually accepted technical contract arbitration, this clause has the effect of excluding jurisdiction.
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