Enterprises will involve all kinds of patent technology transfer contract in the establishment, management and financing process, these technology transfer contracts include: patent right transfer contract, the right to apply for a patent transfer contract, transfer of technical secrets, contract of patent licensing contract.
The contract for the transfer of patent right refers to the contract concluded by the patent owner as the transferor, whose ownership of the patent is transferred to the transferee and the transferee pays the agreed price. Signed in patent transfer contract, enterprises should make the feasibility analysis report, to ensure that the contract and business development agreement contract for the enterprises to purchase the patent technology in-depth understanding, put forward specific and feasible project implementation plan. The feasibility study includes: Market Research and market demand; product plan and sales forecast, production planning, production scale and capital; financial analysis; implementation plan and schedule; economic analysis.
In accordance with the relevant provisions of the patent law, the transfer of patent application rights or patent rights, the parties shall conclude a written contract, and to the State Intellectual Property Office registration, the State Intellectual Property Office will be announced. The transfer of the right to apply for a patent or the patent right shall become effective as of the date of registration. The patent right may be transferred wholly or partially, that is to say, both the assignor and the assignee share the patent right.
The terms of a patent transfer contract shall be examined carefully and each party may agree on the following:
(1) the name of the transferred patent;
(2) the content, scope and legal status of the patent transferred;
(3) the plan, schedule, time limit, place and method of performance of the contract;
(4) technical documents and the delivery and confidentiality of technical information;
(5) transfer fees and payment methods;
(6) the treatment of the patent right being cancelled or declared invalid and the assumption of the risk responsibility;
(7) transitional clause;
(8) the calculation of liquidated damages or damages;
(9) dispute resolution;
(10) other terms agreed by the two parties.
If China's enterprises undertake the transfer of transnational patent rights, they also need to obtain technical export licenses to the competent foreign trade department of the State Council in accordance with the relevant regulations of the regulations on the administration of import and export of technology.