The Patent Licensing Contract Helps You.
Text:
Patent licensing contract
The pferor:
Legal representative or person in charge:
The pferee: he is the one who is in charge.
Legal representative or person in charge:
In accordance with the relevant provisions of the contract law of the People's Republic of China, this contract is concluded through consultation between the two parties.
1. the name of the project is: the first, the second and the third.
Patent applicant: the company is a patent holder:
Application day: application: No.
The patent number is: the number of patents is valid.
The scope of protection of this patent is:
2. the authorized nature of the license contract shall be as follows:
(Note: the authorized nature of the license contract, that is, the authorized nature of the contract is the exclusive license, the implementation of the license, the general implementation of the license; for product invention or utility model patent, production permit, license or sales license can be adopted.
)
3. the scope of authorization of this License Contract:
(Note: the scope of the authorized technology implementation, that is, the authorized geographical scope, time limit and usage scope.
)
4. main obligations of the pferor
(1) the pferor shall bear the obligation to pay the annual fee of the patent.
(Note: the parties may also agree that the annual fee is paid by the pferee, but the annual fee paid by the pferee shall be deducted from the royalty of the license.
)
(2) the pferor shall provide the pferee with the following technical information during the day after the contract comes into effect:
(3) the pferor shall provide the following technical guidance to the pferee:
5. principal obligations of the pferee
(1) payment of license fees to the pferor shall be paid to the amount of the permit.
Payment is made according to the following dates:
(Note: in the case of royalty payment, the parties may agree that the A. contract shall be paid to the pferor within the first day after the entry into force of the contract. B. shall pay the royalty to the pferor from the date of commissioning of the contract product (or from the date of sale of the first contract product) to the pferor in accordance with the value of the output value (or sales volume or profit) for the year.
The royalty is paid once a year, the date of payment is per year.
)
(2) implementing the patent technology in accordance with the following terms and conditions:
(3) the pferor shall not permit the third party outside the contract to implement the patent within the technical scope, geographical scope and time limit stipulated in the contract.
The pferor (exclusive licensing contract) shall not implement or grant the patent to the third party within the technical scope, geographical scope and time limit stipulated in the contract.
6. technical performance guarantee clause
The pferor undertakes to undertake the obligation to guarantee the following technical performance and targets of the patent technology:
When the patent technology fails to reach the agreed technical specifications, the pferor shall refund all (or part) of the royalty and compensate the pferee for additional expenses.
7. the pferor shall not undertake the obligation of ensuring the economic benefits (such as profits, output value, sales volume, etc.) that may be generated by the patent.
8. patent full guarantee clause
The pferee guarantees that: when the contract is concluded, the patent right does not have the following defects: (1) the patent is subject to the restriction of real right or mortgage; second, the implementation of this patent is restricted by another existing patent right; third, the existence of the right to use the patent; fourth, the existence of a mandatory permit; 5. The plan adopted by the government.
Promotion permission
The invention under this patent is an illegal income.
At the time of the conclusion of this contract, if the pferor fails to inform the pferee of the above rights defects, the pferee shall have the right to refuse to pay the royalty and require the pferor to reimburse the additional expenses paid therefrom.
9. in the course of the performance of the contract, if the third party makes a claim for infringement, the pferor shall appear before the court and take legal responsibility.
If the patent defendant is invalid after the entry into force of this contract, the contract will be terminate accordingly.
Before the patent invalidation is determined, the pferee has already paid the royalties, and the pferee shall not ask the pferee to return it.
10. the liability of the pferor for breach of contract
(1) as the pferee fails to pay the patent annual fee, the patent right is invalid. The liquidated damages shall be paid to the pferor by the pferor.
(2) the pferee has the right to cancel the contract if the pferee fails to deliver technical information and provide technical guidance for two months overdue.
The pferor shall return the use fee and pay the amount of the breach.
(3) the pferor who monopoles the use of the license or implements the licensing contract shall return the illegal proceeds to the patent licensing contract between the same patent and others within the scope of the patent granted by the pferee, and the amount paid shall be liquidated damages for the amount of the patent.
(4) the pferor who monopolize the execution of the license contract shall, if he or she has implemented the patent technology within the scope of the patent granted by the pferee, shall cease the act of execution and pay the pferee the amount of liquidated damages for the amount of the contract.
11. pferee
Liability for breach of contract
(1) the pferee shall have the right to terminate the contract if the pferee fails to pay the technical fees within two months.
The pferee shall pay the use fee, and the amount of payment shall be liquidated damages for the company.
(2) if the pferee carries out a patent beyond the scope stipulated in the contract, or if he fails to make a re license contract with another person without the permission of the pferor, he shall return the illegal income, and the amount of payment shall be liquidated damages for the company.
12. follow up improvements
The new patent for invention and creation made by both parties on the basis of the patent technology.
application right
It is owned by the party who made the invention, but the other party has the right to give priority to the compensation and use of the technological achievement.
If the two parties have agreed otherwise, the agreement shall prevail.
13. the method of quality acceptance of patented products is:
14. the solution to this contract dispute is:
15. interpretation of nouns and terms:
This contract shall come into force on the date of signing and sealing by both parties.
The pferor responsible person (or authorized representative) is the pferee (or authorized representative).
Signature: Gai Zhang, signature, and signature: Gai Zhang,
Time of signature: the date of signature of the company.
Place of signature: location of signature, location, and location.
Bank of deposit: Bank of China
The name of the house is: the name of the house.
Account number: the number of accounts is:
The pferor's guarantor (Name: the guarantor of the pferee (name)
Address: the address of the two sides of the earth.
Responsible person (or authorized representative) person (or authorized representative)
Signature: Mr. Gai Zhang, signed by Mr. Yu, he (Gai Zhang).
Time of signature: the date of signature of the company.
Place of signature: location of signature, location, and location.
Bank of deposit: Bank of China
Account number: the number of accounts is:
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