日期：2018-09-13 / 人气： / 来源：http://www.rzfanyi.com/ 作者：译声翻译公司
Patent Technology Assignment Agreement
甲方自筹经费，经过努力研究，成功研制的“汽车保洁器”，已得到中国国家专利法保护(专利号： ), 乙方是一家外资企业，乙方负责人召开董事会决定，对该项目的投资生产表示决定：甲方已对乙方的投资环境已委托代理人进行考察，认为投资环境适合。经双方合同，甲方同意转让该项目的专利权给乙方，为了明确双方的权利和义务，协议遵行如下合同条款：
Whereas Party A has, at its own cost and through energy-consuming research, successfully invented Automobile Cleaner which is now under the protection of the Patent Law of the People’s Republic of China (the patent number is ).
Whereas Party B is a foreign-owned enterprise and its responsible persons have convened a board meeting and made a resolution with respect to investment in and production of the patent-related products that Party A has entrusted an agent to have surveyed and been satisfied with the investment environment of Party B.
Whereas Party A agrees to assign the patent to Party B.
NOW THEREFORE, both parties hereto agree to abide by the following terms and conditions so as to clarify respective rights and obligations:
第一条 转让费及支付方式 Article 1 Assignment Fee and Means of Payment
The said Automobile Cleaner is invented by Party A at its own cost and the technology of the invention is the intangible asset of Party A under applicable laws. As consideration for Party A’s labor and efforts in invention of such patent technology, the Board of Directors of Party B decides to pay US Dollars to Party A in a lump sum. Both parties hereto shall, on the day signing this Agreement, apply for deposit receipt at the local bank and deposit the said amount in the name of Party A. Party A shall, after setting a code for the account, issue a receipt to Party B with the signature of Party A’s agent and the fingerprint of Party A.
甲方收到乙方所付款 美元后，甲方须向乙方交付该技术的全部资料。交付的资料包括:向中国知识产权局递交的全部专利申请文件，包括说明书、权利要求书、附图、摘要及摘要附图:中国知识产权局发给甲方的所有文件，包括受理通知书，授权决定，专利证书及复印件:中国知识产权局出具的专利权有效的证明文件: (指最近一次专利年费缴费凭证)。
Party A shall, after receiving the said US Dollars from Party B, provide all the materials concerning the said patent technology to Party B. The materials to be provided by Party A shall include: all the patent application documents submitted to the State Intellectual Property Office of the People’s Republic of China, including specification，patent request, drawings, abstract and abridged drawings; all the documents issued by the State Intellectual Property Office to Party A, including notice of accepting the patent application, patent granting decision, patent certificate and its copies; and certificates issued by the State Intellectual Property Office to prove the validity of the patent right (which shall mean the evidence of payment of the latest annual patent fee).
第二条 交付资料的时间、地点及方式 Article 2 Time, Place and Means to Provide Materials
1、交付资料的时间 Time to Provide Materials
In case this Agreement becomes effective, Party A shall, after Party B pays all the assignment fees to Party A, immediately provide all the materials to Party B.
2、交付资料的方式和地点 Means and Place to Provide Materials
Party A shall provide the above mentioned materials to Party B by person. All the materials shall be provided to Party B at a notary office above county level at Party A’s place. When providing the materials, Party B shall issue a receipt with its official seal to Party A.
第三条 过渡期条款 Article 3 Terms of Transitional Period
After this Agreement enters into effect, Party B shall be responsible for any and all fess to maintain the validity of the said patent.
第四条 税费及中介费 Article 4 Taxes and Commission
Party A shall pay the individual income tax, and shall be paid by Party B.
In case Party B requests Party A to provide the invoice designated by the tax authority, Party B shall bear any and all costs and expenditures on such invoice.
The commission under this Assignment Agreement shall be US Dollars which shall be born by Party B.
第四条 甲方提供的技术帮助 Article 5 Technical Assistance by Party A
After this Agreement becomes effective, Party B may assign two technical persons to be trained by Party A. The training time shall be determined by both parties through consultation.
Party B may, in the course of applying the patent technology, employee Party A to provide technical instructions provides that Party B has such need.
In case Party B employees Party A to provide technical instruction, Party B shall remunerate Party A at 90 US Dollars a day.
第六条 违约及索赔Article 6 Breach of Agreement and Claim
Upon payment of the said assignment fee in a lump sum, in case Party A refuses to provide all the materials under this Agreement, Party B shall be entitled to terminate this Agreement and require Party A to return all the paid assignment fee along with a liquidated damages of 30 thousand US Dollars.
In case Party B refuses to pay the said assignment fee, Party A shall pay a liquidate damages of 30 thousand US Dollars.
第七条 争议的解决办法Article 7 Settlement of Disputes
Should there be any dispute between the two parties in the execution of this Agreement, the two parties shall settle the case through friendly consultation as per terms and conditions herein.
In case the two parties fail to settle the dispute, the case in dispute may be submitted to a local people’s court at the place where this Agreement is performed.
第八条 合同的文本Article 8 Texts of Agreement
This Agreement is made in three originals in both Swedish language and Chinese language. This Agreement shall become effective as soon as it is signed by two parties. Should there be any inconsistency between the version in Swedish language and the version in Chinese language, the version in Chinese language shall prevail.
甲方：(签名)Party A: (Signature)
乙方：(盖章)Party B: (Seal)