1. What are the general contents of a transfer contract when transferring a patent?
1 , The patent transfer contract includes the following contents:
(1) Project name: The project name should indicate a certain invention, utility model or design patent rights transfer contract.
(2) The name and content of the invention and creation should be expressed in concise and clear professional terms to accurately and summarily express the name of the invention and creation and the professional and technical field to which it belongs. , the status of the prior art and the substantive features of the invention.
(3) Patent application date, patent number, application number and validity period of the patent right.
(4) Patent implementation and implementation licensing. Some patent rights transfer contracts are concluded after the transferor or a third party enters into a patent implementation licensing contract. In this case, it should be stated whether the transferor continues to implement or have entered into the patent, how the rights and obligations of the implementation license contract are transferred, etc.
(5) The list of technical information materials shall at least include the invention description, drawings and other technical materials necessary for general professional and technical personnel in the technical field to implement the invention and creation.
(6) Price and payment method.
(7) Calculation method of liquidated damages or loss compensation.
(8) As for the resolution of disputes, if the parties are willing to submit a dispute to an arbitration institution trusted by both parties, the arbitration institution should be specified in the contract. . Clarifying the mutually accepted technical contract arbitration, this clause has the effect of excluding jurisdiction.
2. Legal basis: "Civil Code of the People's Republic of China"
Article 10 [Application of Law] Civil disputes shall be handled in accordance with the law; if there is no provision in the law, customs may be applied, but shall not violate public order and good customs.
2. What to do if the patent transfer contract is breached
1 , the transferor’s liability for breach of contract
The transferor of the patent application right transfer contract fails to perform the contract, delays in providing technical information and materials, or the technical information provided If the information and materials do not reach the level that enables ordinary professional and technical personnel in the field to implement the invention and creation, liquidated damages or compensation for losses shall be paid.
2. Transferee's Liability for breach of contract
If the transferee of a patent application right transfer contract fails to perform the contract and delays payment of the price, he shall pay liquidated damages; if the transferee fails to pay the price or fails to pay liquidated damages , the patent application rights should be returned, the technical data should be returned, and liquidated damages or losses should be paid.
3. Responsibility for rejected patent applications
Signing a patent application right transfer contract involves certain risks for the transferee, because what is transferred is not the patent right, but the patent application right, and the patent application may will be rejected. Therefore, the parties can stipulate in the contract the liability for losses after the patent application is rejected. If the two parties have not agreed, unless the transferor’s transfer of the patent application right damages the patent rights and patent application rights of others, the transferor The person is not responsible for the consequences of applying for a patent.
The assignor is not responsible for the rejection of the patent application, and the assignee has no right to require the assignor to return the price.
According to the provisions of the Civil Code, the patent transfer contract shall include: project name; name and content of the invention; patent application date, patent number, application number and The validity period of the patent right; patent implementation and implementation licensing status; price and payment method, etc. 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 Network to consult a professional lawyer .
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