What is the mode of patent licensing contract?
In daily life, there are many cases of patent licensing. In order to turn patents into real productive forces, people usually sign contracts or agreements applicable to patent licensing. The contract proportion of patent license includes the licensor and licensee of patent right, the term and practical scope of patent license, as well as breach of contract and liability. Party A (patentee): Party B (patentee): In order to better transform patented technology into productivity, Party A and Party B have reached the following agreement on the licensing right of utility model patent (patent number:): 1. This patent licensing agreement belongs to the general licensing agreement. 2. Party A authorizes Party B to use the patents licensed in this agreement for a period of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Party B has the right to use it in production, and has the right to indicate the patent number of the patented product on the product leaflets, manuals and packaging boxes. Four. Main obligations of Party A (1) Party A undertakes to pay the annual patent fee; (2) Within _ _ _ days after this contract comes into effect, Party A shall provide the following technical information to the transferee: (3) Party A shall provide the following technical guidance to the transferee: _ _ _ _ _ _. V. Party B's main obligation (1) is to pay the patent royalties to Party A, amounting to RMB/year. The use fee is paid once a year, and the payment time is before the month of each year. (2) If the patent is no longer used, Party B shall notify Party A _ _ days in advance and return the relevant technical data. (3) Party B has the obligation to keep confidential the relevant contents involved in this patent. Technical performance guarantee clauses of intransitive verbs Party A promises to undertake the guarantee obligations for the following technical performance and indicators of the patented technology: _ _ _ _ _ _. When the patented technology fails to reach the agreed technical indicators in the implementation, Party A shall refund all (or part) of the patent royalties and compensate Party B for the extra expenses incurred therefrom. Seven. Guarantee clause of patent integrity Party A warrants to Party B that the patent right does not have the following defects when this contract is concluded: ① the patent right is bound by real right or mortgage; ② The implementation of this patent right is restricted by another existing patent right; (3) the existence of patent priority; (4) the existence of compulsory license; ⑤ There are cases where the government adopts the "plan to promote the license"; The invention under this patent right is illegal income. When this contract is concluded, if Party A fails to truthfully inform Party B of the above-mentioned rights defects, Party B has the right to refuse to pay the use fee and ask Party A to compensate for the overpayment. Eight. Party A shall not undertake the guarantee obligation for the economic benefits (such as profit, output value and sales volume) that may be generated by the implementation of this patent. Nine. During the performance of this contract, if a third party files an infringement complaint, Party A shall appear in court and bear legal responsibilities. If the patent right is invalid after the contract comes into effect, the contract shall be terminated accordingly. Before the patent invalidation is confirmed, Party B shall not ask Party A to return the paid royalties. X. Party A's liability for breach of contract (1) If the patent right is invalid due to Party A's failure to pay the annual patent fee, it shall pay liquidated damages to Party B.. (2) If Party A fails to deliver technical data and provide technical guidance within two months, Party B has the right to terminate the contract. The transferor shall return the royalties and pay the liquidated damages. Xi。 Party B's liability for breach of contract (1) If Party B fails to pay the technical use fee two months overdue, Party A has the right to terminate the contract. Party B shall pay the use fee and liquidated damages. (2) If Party B exploits the patent beyond the scope agreed in the contract, or enters into a re-transfer license contract with others without Party A's permission, it shall return the illegal income and pay the liquidated damages. (3) After the termination of this contract, if Party B still retains relevant technical data, it shall pay liquidated damages. Twelve. Subsequent improved sharing method For new inventions and creations made by both parties on the basis of the patented technology, the right to apply for a patent belongs to the party who completed the invention and creation, but the other party has the priority to transfer and use the technological achievements with compensation. Thirteen. Settlement of disputes in this contract: if there is any dispute between the two parties in this contract, they should first settle it through consultation. If negotiation fails, it shall be accepted by the people's court of _ _ _ _ _ _. Fourteen This contract is signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _