Arizona Contract for Assignment of Patent Rights

State:
Multi-State
Control #:
US-0556BG
Format:
Word; 
Rich Text
Instant download

Description

Patents and patent applications are assignable by the owner or in the owner's name by anyone acting under legal authority. In the case of patent applications, where the conveyance precedes the granting of the patent, the patent may be issued to the assignee if the patent assignment has first been entered of record in the Patent and Trademark Office. The assignment of patent rights is a contract and is, accordingly, construed so as to carry out the intentions of the parties to the assignment.

The Arizona Contract for Assignment of Patent Rights is a legally binding document that outlines the transfer of ownership of patent rights from one party to another in the state of Arizona. This type of contract is crucial in ensuring that inventors or patent holders can effectively transfer their rights to another individual or entity. The key purpose of the Arizona Contract for Assignment of Patent Rights is to clearly define the terms and conditions of the agreement, protecting the interests of both the assignor (original patent owner) and the assignee (new patent owner). This agreement typically includes details such as the names and addresses of both parties, a comprehensive description of the patent being assigned, and a specific clause outlining the assignment of rights. In addition to these fundamental elements, the contract may also include provisions for consideration (payment) for the assignment, warranties and representations made by both parties, any limitations on the assignment, and any necessary disclosures or confidentiality requirements. It is critical that both parties thoroughly review and negotiate the terms of this agreement to ensure fair and mutually beneficial conditions. While there may not be specifically named types of Arizona Contracts for Assignment of Patent Rights, variations of this contract may exist based on the specific circumstances of the assignment. For example, there could be different contracts for the assignment of utility patents, design patents, or plant patents. Additionally, the contract may vary based on whether the assignment is for the entire patent or only a portion of it. Overall, the Arizona Contract for Assignment of Patent Rights is a vital legal document that facilitates the transfer of patent ownership. It ensures that both parties involved are fully aware of their rights and obligations, giving them peace of mind when engaging in patent assignment transactions.

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FAQ

With this investment, it should come as no surprise that employers generally own the intellectual property created by its employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee not the employer.

Basically speaking, a patent assignment is a legal way for an inventor to transfer ownership of a patent to a business. As you may recall, in the United States, only a person (or group of people) can be listed as the inventor of a patent; a business cannot be listed as the inventor.

A patent assignment is an agreement where one entity (the assignor) transfers all or part of their right, title and interest in a patent or application to another entity (the assignee).

Generally speaking, ownership of an invention is based on the context within which the invention was created. If an invention is created by an employee who functioning within their defined role in a company, that individual is producing the invention for or on behalf of the company.

Assigning your patent rights to your company helps to build the asset valuation of your company, which will be important to any investors or lenders you may seek. Investors and lenders will often require you to assign patent rights to your company before they will complete a transaction with your company.

The general rule is that, in the absence of an agreement to the contrary, an employer is entitled to a nonexclusive license to use an invention devised by an employee while he or she was working for the employer. In the context of patents, the foregoing rule is referred to as the "shopright doctrine."

The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either: signed an employment agreement assigning invention rights, or. were specifically hired (even without a written agreement) for your inventing skills or to create the invention.

Patent assignment transfers your ownership rights in your patent from yourself to your company. This means that once you assign the patent, you transfer all ownership and control of that patent and its intellectual property rights as the patent inventor to another entity/company, known as an assignee.

In the absence of a written agreement, an employee's patentable inventions may not belong to the employer, except in special circumstances. The employee employer relationship does not necessarily entitle the employer to ownership of inventions made by the employee.

All parties must sign the agreement, with limited exceptions in situations where the assignor cannot be reached but where enough evidence exists that documents their intentions and rights. File the patent assignment with the USPTO within three months after the agreement is signed, paying the then-current fee.

More info

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Arizona Contract for Assignment of Patent Rights