What is the planned license for patent implementation?
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Project name:
_________________________
Licensee:
(Party B) ____________________________
Licensor:
(Party A)_________________________
Signing place: province, city (county)
Signing date: year, month and day
Validity period: year month day to year month day
National Science and Technology Commission
Supervision
China Patent Office
According to the Labor Law of the People's Republic of China In accordance with the provisions of the Contract Law and the Patent Law of the People's Republic of China, Party A in the contract shall be responsible for the patent project (application date, application number:
, authorization date , patent legal validity period:). Party B is allowed to implement it (the project is planned*). This invention belongs to: a service invention (non-service invention). After consensus, this contract is signed.
1. Patent technology content (including general technical secrets related to the implementation of the patent), requirements and industrial development procedures:
Note: The contract terms marked * in this contract should be filled in according to the instructions.
2. Technical data and its submission deadline, place and method:
Party A shall Within days of the effective date of the contract, at
(location) in the
way, to Party B Provide the following information:
3. *The scope and confidentiality period of the technical secrets of this project:
4. Types of patent implementation licenses:
5. Acceptance standards and methods:
Party B uses the technology and reaches the technical performance indicators (
) stipulated in this contract after trial production. It adopts methods for acceptance and both parties sign a contract technology acceptance agreement. Book.
If the product fails to pass the inspection, both parties will negotiate and send representatives to investigate the reasons and determine the responsibilities of both parties.
(Refer to Article 6 of )
6. Usage fee and payment method:
(1) One-time payment method
Total amount first year Month and day
(1) One-time payment of the first year, month and day
(2) Installment payment on the first year, month and day
The first year, month and day
yuan
(2) Entry fee plus commission fee
Entry fee yuan Payment date
(1) Commission based on sales % Payment date
(2) According to Net profit % commission payment date
7. Technical services (location, method and fee)
(Refer to Article 5 of the Guidelines for Signing Patent Implementation License Contracts)
8. Provision and sharing of subsequent improvements:
(Refer to Article 8 of )
9. Methods for handling patent invalidity and infringement:
(Refer to Article 9 of )
10. Calculation method of liquidated damages or loss compensation:
In case of violation of this contract, the breaching party shall comply with Articles 40, 41 and 4 of the Technical Contract Law. Articles 76 and 77 of the Implementation Regulations of the Technology Contract Law provide for liability for breach of contract.
(1) The party that violates the provisions of Article 1 of this contract shall be liable for breach of contract. Liability for breach of contract. The method of liability and amount of breach of contract are as follows:
(2) The party that violates the provisions of this contract shall bear liability for breach of contract. The method of liability and amount of breach of contract are as follows:
(3) The party that violates the provisions of Article 1 of this contract shall bear liability for breach of contract. The method of liability and the amount of breach of contract are as follows:
(4) Others
11.Change and termination of contract:
(Refer to Article 10 of the Guidelines for Signing Patent Implementation License Contracts)
12. Dispute resolution:
If a dispute arises during the performance of the contract, the parties shall negotiate to resolve it, or they may request the patent administration authority for mediation. .
If both parties are unwilling to negotiate or mediate to resolve the issue, or if negotiation or mediation fails, the parties shall agree to adopt the following method
way to solve it.
(1) For any dispute arising out of this contract, apply for arbitration by the arbitration committee;
(2) Either party may bring a lawsuit to the People's Court in accordance with the provisions of the (Civil Procedure Law).
In reality, there are many types of patent implementation licenses. For example, according to the scope of implementation, there are manufacturing licenses, use licenses, sales licenses and all manufacturing, use and sales licenses. , according to the number of uses of the patent, there are general implementation licenses and specific implementation licenses. There are other classification methods. Please clarify what type of patent license you are signing when signing. If you have any questions when signing, please consult relevant professional lawyers. The Legal Savior Network also provides online lawyer consultation services. We welcome your legal consultation.