Interpretation of "Patent (Application) Rights Transfer Contract Template and Signing Guidelines" and "Patent Implementation License Contract Template and Signing Guidelines"-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Interpretation of "Patent (Application) Rights Transfer Contract Template and Signing Guidelines" and "Patent Implementation License Contract Template and Signing Guidelines"

Release Time：

2023-06-30

In order to thoroughly implement the relevant arrangements of the "14th Five-Year Plan for National Intellectual Property Protection and Utilization Plan" to "guide and standardize intellectual property transactions, improve the intellectual property pledge registration and transfer license filing management system", and provide more standardized, convenient and efficient patent rights Transfer contract registration and patent implementation licensing contract filing services guide parties to prevent legal risks, safeguard their legitimate rights and interests, and better promote patent transformation and implementation. The State Intellectual Property Office organized the revision of the "Patent (Application) Rights Transfer Contract Template and Signing Guidelines" Patent Implementation License Contract Template and Signing Guidelines", the relevant content is now interpreted as follows.

1. What is the background of this revision of the contract template and signing guidelines?

Articles 10 and 12 of the "Patent Law of the People's Republic of China" and Article 14 of the "Implementing Rules of the Patent Law of the People's Republic of China" regulate the signing and registration of contracts for the transfer of patent rights or patent application rights (hereinafter referred to as "patent right transfer"). Provisions shall be made on the conclusion and filing of patent licensing contracts. Chapter 1 of Part One of the "Patent Examination Guidelines" provides detailed provisions on the procedures for patent transfer, and the "Measures for the Registration of Patent Implementation License Contracts" provides detailed provisions on the procedures for the registration of patent implementation license contracts. A system of patent transfer licensing rules has been initially established.

Currently, patent transfer and licensing work is facing new situations and new requirements. First, the Civil Code of the People's Republic of China was promulgated, the Patent Law of the People's Republic of China, the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements, and the Science and Technology Progress Law of the People's Republic of China were revised, and the "Outline for Building a Strong Intellectual Property Rights Country (2021-2035)" "Year)" and the "National Intellectual Property Protection and Utilization Plan for the 14th Five-Year Plan" have been released one after another. Relevant laws, regulations and policy plans have put forward new regulations and new requirements for the transformation and use of patents. It has been many years since the current contract template and signing guide were released, and it is necessary to Make adaptive changes. Second, as the number of operating activities such as patent transfer and licensing continues to grow, innovative entities and market entities are paying more attention to, common needs, and professional requirements for patent transfer and licensing contracts. It is necessary to summarize practical experience in recent years and optimize and improve contract templates. and guidance to better ensure the standardized and orderly conduct of intellectual property operation activities and promote the transformation and application of patents. Under the new situation, in order to provide better services to innovative entities and market entities, the State Intellectual Property Office has systematically revised the existing patent transfer contract template, patent implementation licensing contract template and signing guidelines, hoping to guide and standardize patent transfer licensing It will play a better role in improving conduct, reducing the occurrence of disputes, and promoting the transformation and application of patents.

2. What are the main revisions to this contract template?

The previous contract template only listed the main clause titles. This revision has enriched the content of each clause. Specifically, the first is to standardize necessary provisions. For the necessary clauses that are the basic components of the contract, a relatively solid standard treatment is adopted based on common practices in practice; options with different contents are provided for different situations in practice, and are selected by the parties after consultation. The second is to refine the key provisions. For example, for the key clauses of "licensing method and scope" in the patent licensing contract, detailed enumerations are made from aspects such as licensing term, licensing territory, licensing method, scope of licensing enforcement activities, etc., and the content of sub-licensing that most entities are concerned about in practice is summarized. prompt. The third is to make relevant expanded content optional. Extended content involved in specific situations, such as technical services and training, and technology import and export, will be included as optional clauses for the parties to choose when needed.

3. What are the main revisions to this contract signing guideline?

The previous guidelines for signing patent rights transfer contracts and patent implementation licensing contracts are similar to the contract text itself, and do not explain in detail the meaning of relevant clauses and the precautions for signing the contract. This revised signing guide adds explanations to each clause of the contract template one by one, mainly including: appropriately quoting relevant legal provisions for explanation, reminding the parties of the contract on the key points that need to be paid attention to, and providing guidance on how the parties to the contract should proceed. Choose from the options provided by the template for guidance.

4. Do the parties have to use this contract template when signing a patent rights transfer contract or a patent implementation license contract?

When signing contracts, innovative entities and market entities should comply with laws such as the Civil Code of the People's Republic of China, the Patent Law of the People's Republic of China, the Implementing Rules of the Patent Law of the People's Republic of China, the Patent Examination Guidelines, and the Measures for the Registration of Patent Implementation Licensing Contracts. Relevant provisions of regulations and departmental regulations. The contract template and signing guidelines released this time are public service products provided by the State Intellectual Property Office to help parties prevent legal risks and safeguard their legitimate rights and interests. They are neither binding rules and regulations that should be implemented, nor do they constitute specific laws. suggestion. The parties concerned can refer to part of the selected contract template and modify it to form a personalized contract based on their actual circumstances, or they can formulate the contract text with the help of professional service agencies.

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