What are the main contents of a patent exploitation license contract?

Patent exploitation license contract.

Yes. Patentee.

Patent applicants.

or other right holders as assignors, licenses.

Transferee. A contract concluded by exploiting the patent within the agreed scope and paying the agreed royalties.

The patent service platform of Zhuanzhihui will answer for you:

The content of the patent exploitation license contract generally includes the following aspects:

1. The content of the patented technology and the implementation of the patent;

2. The type of license contract;

3. The validity period and geographical scope of the implementation license contract;

4. Technical guidance and technical service terms;

5. Patents.

Warranty against Defects. and warranties;

Patent Licensing. fees for use and methods of payment;

Liability for breach of contract. And.

Penalty. Or.

Compensation for damages. The amount is calculated.

In addition to the above, other matters deemed necessary by the parties may also be agreed upon. For example:

Force Majeure Clause.

Attribution of patented technological improvements; dispute resolution; explanation of key terms and terms; Wait a minute.

The specific contents of the patent exploitation license contract include: a description of the content of the patented technology; the scope of application of the time and space for the implementation of the license contract; technical guidance and technical terms of service; Warranty against patent defects; Patent licensing fees and payment methods and payment times; Liability for breach of contract and calculation of liquidated damages or damages.

Legal basis] Article 866 of the Civil Code of the People's Republic of China.

The licensor of the patent exploitation license contract shall, in accordance with the agreement, license the licensee to exploit the patent, deliver the technical information related to the exploitation of the patent, and provide necessary technical guidance.

Article 867.

The licensee of a patent exploitation license contract shall exploit the patent in accordance with the agreement, and shall not license a third party other than the agreement to exploit the patent and pay royalties as agreed.

The main terms of a patent exploitation license contract generally include the following aspects:

1. The content of the patented technology and the implementation of the patent;

2. The type of license contract;

3. The validity period and geographical scope of the implementation license contract;

4. Technical guidance and technical service terms;

5. Warranty and guarantee clauses for patent defects;

6. Patent license fees and payment methods;

7. The calculation method of the liability for breach of contract and the amount of compensation or compensation for breach of Hu Tuanqin's contract.

1. Types of technology transfer contracts.

The types of technology transfer contracts include: patent transfer contracts, patent application right transfer contracts, technology secret transfer contracts and patent exploitation license contracts. A technology transfer contract is an agreement in which the transferor transfers the ownership or right to use a certain technological achievement to the transferee, and the transferee must pay the agreed price or royalties.

2. Whether the invalidated patent right is deemed to have ceased to exist ab initio.

A patent right that declares no or no effect is deemed to have existed ab initio.

According to the principles of China's laws and regulations, the benefits obtained by the patentee declared invalid as a result of the exercise of the patent right are unjust enrichment, and since the invalidated patent right is deemed to have not existed from the beginning, the patentee should return the unjust enrichment to the counterparty. However, considering the complexity of the patent right as an intangible property right and the licensing situation, it is difficult to ensure that each granted patent right meets the conditions prescribed by law and will not be invalidated subsequently. If a patent right is declared invalid, it will be retroactive to the judgments and rulings that have already been made and enforced by the courts, and to the decisions made by the departments in charge of patent work and have been performed or enforced, which will put the court judgments, rulings and decisions of administrative organs in an unstable state, and then affect the stability of the social and economic order.

In the case of a patent exploitation license contract or a patent right transfer contract, it is reasonable for the licensee and the assignee of the patent right to not return the patent royalties and patent transfer fees paid because the patent right has been protected before the patent right is declared invalid.

The decision to declare a patent right invalid shall not have retroactive effect on the judgment or mediation document on patent infringement made and enforced by the people's court before the declaration of patent invalidation and enforced, the decision on the settlement of patent infringement disputes that have been performed or enforced, and the patent exploitation license contract and patent right transfer contract that have been performed. However, in accordance with the provisions of this paragraph, if the patentee causes losses to others due to bad faith, compensation shall be given.

3. What are the consequences of invalidating a patent?

A patent that has been invalidated is deemed to have ceased to exist ab initio. The decision to declare a patent right invalid shall not have retroactive effect on the judgment or ruling on patent infringement made and enforced by the people's court before the declaration of patent invalidation and enforcement, the decision on the settlement of patent infringement disputes that have been performed or enforced, and the patent exploitation license contract and patent right transfer contract that have already been performed.

Civil Code of the People's Republic of China

Article 867:The licensee of a patent exploitation license contract shall exploit the patent in accordance with the agreement, and shall not license a third party other than the agreement to exploit the patent and pay royalties in accordance with the agreement.

The terms that should be included in the patent exploitation license contract are:

1.the name or name and address of the parties;

2.Project name;

3.The name and content of the spine notice creation;

4.the scope of the implementation license;

5.the date of filing the patent application, the application number, the patent number and the validity period of the patent right;

6.the deadline, place and manner of delivery of technical information and materials;

7.Liability for breach of contract.

8.Methods of Dispute Resolution.

Article 470 of the Civil Code of the People's Republic of China stipulates that the content of the contract shall be agreed upon by the parties, and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) Time limit for performance, location and manner of Sakuramine;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

In general, a patent exploitation license contract should have the following clauses, and at the same time, according to the requirements of high-tech declarations, some principles need to be grasped, as follows:

1) The type of patent license is different, and the rights are different for the licensee, in which the licensee of the exclusive license has the right to exploit the patent, and the patentee and others have no right to exploit it. The high-tech enterprise determines that the licensed patent must be an exclusive license, and it is necessary to pay attention to the agreement on the licensing method when signing the contract.

2) The effective date and duration of the contractThe contract generally takes effect from the date of signature and seal of both parties. In case of special circumstances, it must be clearly agreed. The duration of the contract is subject to observance:

The Measures stipulate that the license period must be more than five years, and the validity period of the signed patent exclusive license contract must be within three years. At the same time, it is necessary to ensure that the validity period of the patent right covers the validity period of the contract, otherwise it is impossible to apply for the filing of the patent exploitation contract.

3) The name, patent number, patent application date, application number and validity period of the invention and creation, which can be filled in according to the corresponding content of the patent certificate;

4) Scope of the implementation licenseThe scope of the implementation license refers to the territorial scope. Patent rights are territorial, and the requirements for high-level enterprise recognition must be global;

5) The content patent right of the licensed content and technical services is different from the traditional property right, and its rights are not a simple one, but a bundle, that is, a group of rights. There are five types of rights that can be granted under a patent: production, sales, sales display, import and use, etc.

To what extent does the licensee sell and use it? These must be clarified in the early discussion of the licensing agreement, so as not to cause disagreement in the implementation of the agreement in the future.

6) Royalties and payment methods** clauses are the core terms of any contract or agreement, how to calculate patent license fees? The manner in which the price was paid was crucial and should be clearly included in the provisions. When buying patents, pay attention to the payment strategy.

Zheng Min's patent is a technical solution, which also requires a transformation process, and this transformation process is inseparable from the participation of technical inventors. Therefore, the cost of purchasing invention patents should not be paid at one time, but should be paid in installments, and payment should be made step by step with the process of technology transformation into products, so that the interests of the buyer and seller can be closely linked with the transformation process of the product in the land code, and the transformation of invention patents can be successfully realized. This clause must be worded accurately, and the payment method and amount must be specified, otherwise it will not only be impossible to record the patent license contract, but will also leave endless troubles for the enterprise.

7) The method of calculating the amount of liquidated damages or compensation for losses, the two parties shall agree on the terms of penalty measures for breach of contract with reciprocal conditions.

8) Dispute ResolutionIf the parties agree to submit the dispute to an arbitration institution trusted by both parties for arbitration in the event of a dispute, the arbitration institution shall be specified in the contract. Clearly mutually accepted arbitration of technology contracts, which has the effect of excluding jurisdiction.