What responsibilities should the parties bear if they violate the patent application right transfer contract?

An invention that can obtain patent rights needs to meet many conditions. The first is to meet the patentability conditions, namely novelty, creativity and practicality. What responsibilities should the parties bear if they violate the Patent application rights transfer contract? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What responsibilities should the parties bear if they violate the patent application rights transfer contract

In contract law, the parties to a contract for the transfer of patent application rights Violation of the contract shall bear the following responsibilities:

1. Assignment Person’s liability for breach of contract

Assignment of patent application rights transfer contract If the party fails to perform the contract, delays in providing technical information and materials, or the technical information and materials provided do not reach the level that enables general professional and technical personnel in the field to implement inventions and creations, liquidated damages or losses shall be paid.

2. Liability for breach of contract by the assignee

If the transferee of a patent application right transfer contract fails to perform the contract and delays in paying the price, he shall pay liquidated damages; if he fails to pay the price or liquidated damages, he shall return the patent application rights, return the technical data, and pay liquidated damages or compensation. loss.

3. Liability if the patent application is rejected

Signing a patent application right transfer contract involves certain risks for the transferee, because the transferee What is given up is not the patent right, but the right to apply for a patent, and the patent application may be rejected. Therefore, the parties may stipulate in the contract the liability for losses after the patent application is rejected. If the parties fail to agree, the transferor shall not apply for a patent unless the assignor's act of transferring the patent application rights damages the patent rights and patent application rights of others. responsible for the consequences.

The assignor is not responsible for the rejection of the patent application , the transferee has no right to require the transferor to return the price.

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