How to handle patent licensing contract disputes

Mediation, Arbitration and Litigation. Patent contract disputes mainly refer to disputes arising from the performance of the rights and obligations of the parties and the interpretation of contract terms in the transfer of patent application rights or patent rights transfer Contracts, patent technology implementation licensing contracts, and patent technology intermediary service contracts. Regarding the issue of how to handle patent licensing contract disputes, the editor of Legal Savior Network will give you detailed answers below.

1. How to handle patent implementation licensing contract disputes

1. Patent implementation Licensing contract disputes are handled through mediation, arbitration and litigation. Patent contract disputes mainly refer to disputes arising from the performance of the rights and obligations of the parties and the interpretation of contract terms in the transfer of patent application rights or patent rights transfer contracts, patent technology implementation licensing contracts, and patent technology intermediary service contracts.

2. Legal basis: "Civil Procedure Law of the People's Republic of China"

Article 96: An agreement reached through mediation must be voluntary by both parties and cannot be forced. The content of the mediation agreement must not violate legal provisions.

Article 119, prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts and reasons;

(4) It is accepted by the People’s Court The scope of civil litigation and the jurisdiction of the people's court subject to the lawsuit.

2. How to sign a patent transfer agency contract

Signing of patent transfer agency contract:

1. Write the information of both parties at the beginning;

2. The content in the middle is the agency service content, rights and responsibilities Requirements, work progress requirements, agency period, payment method, etc.;

3. Finally, both parties sign and seal and attach the date.

The content of the contract is agreed upon by the parties and generally includes the following terms:

(1) The parties Name and address;

(2) Subject matter;

(3) Quantity ;

(4) Quality;

(5) Price or remuneration;

(6) Performance period, place and method;

(7) Liability for breach of contract;

(8) Methods of resolving disputes.

The parties may conclude a contract by referring to the model texts of various types of contracts. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.