1. What are the main obligations of the assignor in a patent licensing contract
1. The main obligations of the assignor in a patent licensing contract include: delivering to the licensee technical materials related to the patent implementation; providing necessary technical guidance to the licensee to implement the patent; and licensing the licensee within the agreed authority and scope. enforce its patents.
2. Legal basis:
"Civil Code of the People's Republic of China"
Article 866 The licensor of a patent exploitation license contract shall license the licensee to exploit the patent as agreed, deliver technical materials related to the exploitation of the patent, and provide necessary technical guidance. .
Article 872 If the licensor fails to license the technology as agreed, he shall return part or all of the royalties and shall bear liability for breach of contract; If the use of technical secrets exceeds the scope of the agreement, and if the third party is authorized to implement the patent or use the technical secrets in violation of the agreement, the breach of contract shall be stopped and the party shall bear liability for breach of contract; if the party violates the agreed confidentiality obligation, the party shall bear liability for breach of contract. If the transferor bears liability for breach of contract, the provisions of the preceding paragraph shall apply.
2. What is the difference between a patent implementation license contract and a patent licensing contract
There is a difference between a patent implementation license contract and a patent licensing contract. From its definition, patent application licensing: transfer the technology to the licensee to apply, the licensee pays the application fee, after the patent is granted, the patent right belongs to the licensee, and the income obtained from the use and transfer of the patent right belongs to the licensee people. Patent implementation licensing contract: License the patented technology to the licensee for production and use, charging a fee, and the patent right still belongs to the original patentee. Hope the above content can be helpful to youHelp, 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.
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