What to do if one party violates the patent license contract?

In real life in our country, patent protection measures are becoming more and more perfect. In the context of adults starting their own businesses and mass innovation, many inventors have applied for patent protection for their inventions. So in patent licensing, what should we do if one party violates the terms of the patent licensing contract? The Legal Savior Network will provide readers with the answer.

1. What to do if one party violates the patent license contract

1. During the implementation of the patent In a licensing contract, if the transferor fails to transfer the patented technology as agreed, it shall return part or all of the royalties and bear liability for breach of contract; if the transferor uses the patented technology beyond the scope of the agreement and violates the agreement by licensing a third party to use the patented technology without authorization, the transferor shall cease to breach the contract. behavior, bear liability for breach of contract; breach of the agreed confidentiality obligations, bear liability for breach of contract; bear liability for the transferee's use of patented technology in accordance with the agreement to infringe upon the legitimate rights and interests of others.

2. If the transferee fails to pay the usage fee as agreed, it shall make up the usage fee and pay liquidated damages as agreed; if the transferee fails to make up the usage fee or pay liquidated damages as agreed, , shall stop using the patented technology, return the technical data, and bear liability for breach of contract; if the use of patented technology exceeds the agreed scope and authorizes a third party to use the patented technology without the consent of the assignor, the breach of contract shall be stopped and liability for breach of contract shall be borne; if the party violates the agreement, Anyone who has a confidentiality obligation shall bear liability for breach of contract.

2. What issues need to be paid attention to when signing a patent license contract

(1). Things to note by the licensor of the patent license contract

1. The licensor should conduct research on the asset status and credit status of the licensed party. .

(1) Fully understand the licensee’s performance credit, cooperative spirit and confidentiality ability before signing the contract.

(2) Have a full understanding of the licensee’s technical level and technology digestion capabilities. If a lot of energy needs to be invested in guidance in the later stage, a higher amount of remuneration should be appropriately agreed in the contract in advance.

2. Payment method

(1) When agreeing on the commission payment method, the commission standards and Proportion.

(2) The parties shall stipulate in the patent licensing contract the method for reviewing relevant accounting accounts.

(3) Regardless of the method of delivery, evidence of delivery should be preserved.

3. The licensee shall provide necessary technical guidance as agreed, and the relevant fees and payment methods shall be clearly agreed upon.

4. When submitting the list and number of copies of relevant materials, *Party shall keep evidence of performance.

5. The licensing party shall deliver the technical data related to the implementation of the patent to the licensed party as agreed.

6. In order to ensure the validity of the patent right, the parties should agree on who will pay the patent annual fee and actively respond to requests from others to declare the patent invalid.

7. When accepting the goods, the licensing party shall request the licensed party to submit acceptance certificates and documents as agreed.

8. The licensor shall not require the licensed party to accept additional conditions that are not essential for the implementation of the technology.

9. If the patent license contract stipulates that the patent royalties will be settled based on the actual sales amount, it should also stipulate that the licensee shall notify the licensee of the operation of the product. obligations of the situation.

10. The licensing party's behavior of accepting the overdue transfer fee from the licensed party and requiring the other party to continue to pay the transfer fee in accordance with the contract shall be regarded as a violation of the contract. Waiver of the right to terminate a contract unilaterally.

11. The licensee shall claim infringement liability for the licensee's continued use of the patented technology after the termination of the transfer contract, but shall not claim liability for breach of contract.

12. The parties should clearly agree on the region in which the patent will be used.

13. The term of the patent implementation license should be clearly agreed upon, and the longest period should not exceed the duration of the patent.

14. It should be stipulated which party will bear responsibility when the licensed party implements the patented technology in accordance with the contract and infringes the rights of others.

(2) Things to note by the licensee of the patent licensing contract

1. Patent technology validity review

The contract is only valid during the duration of the patent right. The licensed party should carefully review whether the patent The term expires or is declared invalid due to failure to pay annual fees, or whether a third party claims rights to the patented technology.

2. Understand in advance

(1) The licensee shall fully understand the performance credit and cooperative spirit of the licensee before signing the patent license contract.

(2) The licensed* party shall have a comprehensive and adequate understanding of the technical capabilities and level of the licensed* party: whether there are technical experts or personnel focusing on relevant professional fields to participate in the technical work; the licensed* party of the patent implementation license contract The academic qualifications, technical titles, awards, whether they have previously engaged in technical work in similar fields, and whether their technical level is recognized, etc. of the staff involved in research and development.

(3 ) Work experience investigation. Investigate whether Xu* has any experience in relevant technical work.

3. The parties should clearly agree on the performance of the licensed patented technology, Relevant technical and economic indicators achieved.

4. It should be stipulated in the contract that the * party guarantees the legality of the patents provided, and guarantees that the patents provided The technology is complete, correct, effective, and achieves the agreed goals.

5. The scope and specific content of the technical guidance provided by the parties to the * party in the contract should be agreed upon Be clear and specific.

6. The parties should clearly agree on the research and development stage and technological maturity of the patented technology, whether it is a patented technology achievement that has completed commercialization development, or is still in the process of commercialization. Patented technology achievements in the small trial stage and pilot stage.

7. The parties may clearly agree that the licensing party shall be responsible for the economic benefits after the licensed party implements the technology .

8. Technical guidance

(1) Both parties should clearly agree to allow the * party to provide technical guidance Methods, including technical guidance, training, communication, on-site operations and problem solving, etc.

(2) Clearly agree on the time limit for the * party to provide technical guidance.9. The two parties sign a patent license contract for the subordinate patent, and each party must obtain authorization from the patentee of the basic patent in advance.

10. The parties shall determine the manner in which both parties will use the patented technology: exclusive implementation license, exclusive implementation license or general implementation license.

11. The parties should clearly agree on the settlement period of the remuneration.

12. If the licensee needs to license the patent to a third party for implementation, such as cooperating with others to implement it or joining a joint venture, it should clearly stipulate the relevant rights in the contract. conditions and related matters.

13. The licensed party’s implementation of the patent should not exceed the agreed scope. If it exceeds the scope, the licensed party shall stop the illegal behavior, bear liability for breach of contract, pay damages for breach of contract or compensate for losses.

14. Acceptance by the licensed party

The licensed party shall issue acceptance certificates and documents Keep the performance evidence, and the licensed party shall promptly notify the other party of the acceptance results within a reasonable period after acceptance.

After the licensee finds that the patented technology does not comply with the terms of the patent license contract during the last acceptance inspection, the licensee shall promptly notify the licensee of the acceptance results and propose to terminate the contract , and save relevant evidence to prove that the acceptance is unqualified.

After the licensed party correctly performs the contract, the licensed party shall accept and receive the patented technology within the specified period.

15. Both parties to the patent licensing contract should agree on the disposal method of the inventory products after the termination of the contract.

16. When parties enter into a patent license contract for a jointly owned patent, they should obtain the consent of the joint owner.

If readers have any other legal issues that need consultation, please come to the Legal Savior Network and you will get satisfactory consultation results.