Contract No.: _________
Project Name: _________
Transferee (Party A): _________
Domicile: _________
Legal Representative: _________
Project Contact person: _________
Contact: _________
Correspondence address: _________
Tel: _________
Fax: _________
E-mail: _________
Ceding party (Party B): _________
Domicile: _________
Legal Representative: _________
Project Contact: _________
Contact Information: _________
Correspondence: _________
Tel: _________
Fax: _________
E-mail: _________
Account Bank: _________
Address: _________
Account No.: _________
Party B of this contract owns the _________ technical invention, Party A is assigned the patent application right of the technical invention and pay the corresponding transfer price. The two sides on the transfer of the patent application right matters, after equal consultation, in the true and full expression of their respective will, based on the provisions of the "Chinese People's *** and State Contract Law", reached the following agreement, and by both parties *** with abide by.
Article 1 The patent application right of this invention and creation:
1. Belongs to the _________ (invention, utility model, design) application.
2. The inventor/designer: _________.
3. Patent applicant: _________.
4. Patent filing date: _________.
5. Patent application number: _________.
Article 2 The status of Party B's implementation or assignment of this invention-creation before the signing of this contract is as follows:
1. The status of Party B's implementation of this invention-creation (time, place, manner and scale): _________
2. The status of Party B's licensing of this invention-creation to others (time, place, manner and scale): _________
3. The status of this invention-creation is as follows:
4. p>
3. After the entry into force of this contract, Party B is obliged to inform the party licensed to use the invention-creation of the status of the transfer of the patent application right of the invention-creation within _________ days.
Article 3 Party A shall ensure the fulfillment of the original technology transfer contract after the entry into force of this contract. The rights and obligations enjoyed by Party B in the original technology transfer contract shall be borne by Party A from the date of entry into force of this contract. Party B shall notify and assist the assignee of the original technology transfer contract to deal with Party A for the change of contract within _________ days.
Article 4 In order to ensure that Party A applies for a patent, Party B shall submit the following technical data to Party A:
1. _________
2. _________
3. _________
Article 5 The time, place and manner of submission of the technical data by Party B to Party A are as follows;
1. Time of submission: _________;
2. Place of submission: _________;
3. Mode of submission: _________.
Article 6 Party B shall ensure that its patent application right does not infringe the legal rights and interests of any third party. In the event that a third party accuses Party A of infringement, Party B shall _________
Article 7 The price to be paid by Party A to Party B for the patent application right of the invention and the method of payment shall be as follows:
1. The total amount of the transfer price of the patent application right shall be _________;
2. The transfer price of the patent application right shall be paid by Party A _________ ( lump sum, installment or commission) to be paid to Party B.
The specific payment methods and time are as follows:
(1) _________
(2) _________
(3) _________
The name, address and account number of Party B's depositary bank are:
Depositary bank: _________
Address: _________
Account number: _________
3. The parties determine that, if Party A pays Party B's research and development funds and remuneration with the commission of benefits arising from the implementation of the results of the research and development, Party B shall have the right to access Party A's relevant accounting accounts in the form of _________.
Article VIII The parties determine that, after the entry into force of this contract, Party A's patent application is rejected by the patent administrative department of the State Council, Party B will not refund the transfer fee collected; if it has not yet been collected, it will be handled in the following manner: _________.
The special agreement between the two parties on the rejection of the patent application is as follows:_________
Article IX The two parties determine that:
1. After the entry into force of this contract, Party A obtains the patent right, Party B shall carry out or use the invention and creation according to the following agreement:_________
2. After the entry into force of this contract, the patent application, before the patent is disclosed is rejected, the two parties shall implement or use the invention-creation according to the following agreement: _________
Article X. The two parties determine the confidentiality obligations to be observed due to the fulfillment of this contract as follows:
Party A:
1. Confidentiality content (including technical and business information): _________
2. Scope of persons involved in confidentiality: _________
3. Confidentiality period: _________
4. Liability for leakage: _________
Party B:
1. Confidentiality content (including technical and business information): _________
2. Confidentiality of the scope of persons involved: _________
3.
3. Confidentiality period: _________
4. Liability for leakage: _________
Article 11 After the signing of this contract, the party of _________ shall be responsible for registering the transfer of the right of patent application within _________ days.
Article XII The two parties determine:
1. Party A has the right to utilize the invention and creation covered by Party B's delivery of the patent application right to carry out subsequent improvements, and the new technological achievements characterized by substantive or creative technological advances thus generated shall belong to Party _________ (Party A, both parties). The distribution of benefits shall be as follows: _________
2. Party B shall have the right to carry out subsequent improvement of the invention after the delivery of Party A's right to apply for the patent, and the new technological achievements characterized by substantive or creative technological advancement shall belong to Party _________ (Party B, both parties). The distribution of the specific relevant benefits is as follows:_________
Article 13 The parties determine that they shall bear their respective responsibilities for breach of contract in accordance with the following agreement:
1. The _________ party violates the provisions of Article _________ of this contract, and shall _________ (payment of liquidated damages or the calculation of the amount of damages).
2. The _________ Party violates the provisions of Article _________ of this Contract, and shall _________ (calculate the amount of liquidated damages or damages).
_________.
Article 14 The parties determine that during the validity of this contract, Party A designates _________ as Party A's project contact person and Party B designates _________ as Party B's project contact person. The Project Contact Person assumes the following responsibilities:
_________.
If one party changes the Project Contact, it shall promptly notify the other party in writing. Failure to notify in time and affecting the performance of this contract or causing losses, shall bear the corresponding responsibility.
Article 15 The parties determine that this contract may be terminated if the following circumstances occur, making the performance of this contract unnecessary or impossible:
1. Due to the occurrence of force majeure;
2. _________;
_________.
Article 16 Disputes between the parties arising from the fulfillment of this contract shall be resolved through consultation and mediation. If consultation and conciliation fail, it is determined to be dealt with in the following _________ ways:
1. Submitted to _________ Arbitration Commission for arbitration;
2. Sued to the People's Court in accordance with the law.
Article 17 The two parties determine that: the relevant terms and technical terms involved in this contract and the relevant annexes shall be defined and explained as follows:
1. _________;
_________.
Article 18 The following technical documents related to the performance of this contract shall be an integral part of this contract after confirmed by both parties in the form of _________:
1. Technical background information; _________;
2. Feasibility study report: _________;
3. Technical evaluation report: _________;
4. Technical standards and specifications: _________;
5. Original design and process documents: _________;
6. Others: _________.
Article 19 The parties agree that other relevant matters of this contract shall be as follows: _________
Article 20 This contract shall be signed in _________ copies and shall have the same legal effect.
Article 21 This contract shall take effect from the date of registration by the patent administrative department of the State Council.
Party A (seal): _________ Party B (seal): _________
Appointed agent (signature): _________ Appointed agent (signature): _________
Place of signing: _________ Place of signing: _________
_________ ____ ____ _________ ____ ____
Stamp Duty Stamp Paste: _________
Attachment
(The following is to be filled in by the technology contract registration organization)
Contract Registration No.: _________
1. Application Registrant: _________
2. Registration Material: _________
3. Contract Type: _________
4. Contract Transaction Amount: _________
5. Technology Transaction Value: _________
Technology Contract Registry Organization: _________ (seal)
Organizer: _________ (signature)
Date: _________ Year _________ Month _________ Day
Instructions for Filling in the Contract
I. This contract is the Technology Transfer (Patent Application Right) printed by the Ministry of Science and Technology of the People's Republic of China*** and the State of China. This contract is a model contract printed by the Ministry of Science and Technology of the People's Republic of China, and each technology contract registration organization may recommend the parties to the technology contract for reference.
II. This contract is applicable to a contract concluded by a party (the transferring party) transferring its right to apply for a patent in respect of a specific invention or creation to the transferee, and the transferee paying the agreed price.
Third, the contracting party for more than one party, according to their respective roles in the contractual relationship, in the "commissioning party", "trustee" under the (additional page) are arranged as *** with the transferee or *** with the transferor.
Four, this contract is not exhaustive matters, may be attached by the parties to the page agreed separately, and as part of this contract.
V. If the parties agree that there is no need to fill in the clauses when they use this contract, they should indicate the words "none" at the clauses.
The above is for reference only, and can be modified according to the actual situation; Kirkland Patent Center for your answer, I hope to help you!