What is the procedure for transferring patent rights?
One , First of all, we must understand the model of patent technology trade
1. Ordinary implementation license: the licensor (i.e., the Patentee) allows the licensee to implement its Patent, the licensor still retains the right to use the patent or sign a license contract with a third party.
2. Exclusive implementation license: The licensee obtains the exclusive right to implement the patent, and no other person (including the licensor) is allowed to implement the patent.
3. Exclusive implementation license: The licensee has the right to implement, and the licensor also has the right to implement, but the licensor may not sublicense any third party to implement.
4. Sub-sale implementation license: The licensee can, with the consent of the licensor, license a third party to implement the licensor's patent in its own name.
5. Cross-implementation licensing: Two patentees use each other's patents in the form of reciprocal technology exchange.
6. Transfer of patent rights: The patentee transfers his patent rights to others.
2. Sign a patent license contract
The contract has the following terms:
①Preface;
②Definition of contract terms;
②The subject matter of the contract: refers to the determination and description of the technical scope. Indicate the type, name, application date, approval date, validity period, etc. of the patent;
④ Payment of fees: It is divided into a lump sum payment, commission fee (the commission ratio is determined based on the sales amount or profit), entry fee plus commission fee (after signing the contract, a fee is paid in advance, and then the commission fee is calculated based on sales every year) amount or profit), technology stock investment (the patentee uses its patented technology as a share investment, sharing benefits and risks);
⑤Technical data Delivery: stipulates the scope, delivery time, location, and acceptance method of technical data;
⑥Sharing of technical improvement results: After the signing of the contract, one party’s improvements to the patented technology, Who owns the results and the interests of the other party;
⑦Technical services and personnel training: The licensee may not be able to produce qualified products after obtaining the technical data. The licensor must also provide training, guidance, etc.;
⑧Confidentiality clause: It mainly involves technical secrets, and the licensee shall have the obligation to keep it confidential;
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⑨Guarantee clause: Each party gives the other party a commitment to perform the contract;
⑩Dispute resolution : stipulates the resolution of disputes between the two parties;
⑾Breach of contract clause: handling of breach of contract such as non-performance or failure to perform the contract on time;
⑿The effective date, validity period, termination and extension of the contract.
The above are the editor’s answers to relevant questions , if you need to learn more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.
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