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Ownership in IP (trademarks, copyrights, trade secrets, and patents) does not automatically transfer to a company, even when the creator becomes an owner of the company. The only way to transfer the IP to the company is for the founder to sign and deliver an assignment of intellectual property rights to the company.
If the copyright in a work has been registered with the Copyright Office and its particulars have been recorded in the Register of Copyrights, then transfer of ownership may be recorded in the Register pursuant to an application to the Registrar of Copyrights in a prescribed form, along with a prescribed fee.
The only way to transfer the IP to the company is for the founder to sign and deliver an assignment of intellectual property rights to the company. This could be done at the founding of the new company by having the founder transfer ownership of the IP in exchange for her initial equity in the company.
An option agreement permits a company to hold a technology for a short period of time, during which the company can further evaluate its potential, or raise funding for product development, without committing itself or Harvard to the obligations of a license agreement.
Options An option agreement gives the industry partner opportunity to evaluate the technology and its value prior to finalizing the decision to license it and pay the licensing fee. It should be noted that if you sign an option agreement you do not gain the rights to commercialize the technology.
An IP Transfer Agreement is an agreement between an individual/ corporation transferring its intellectual property (IP) to another individual or corporation.
Simply put, an option contract creates a binding obligation to enter into another contract, if the option holder so chooses during the option period. For a simple example, suppose you want to buy a classic old automobile, and you find one offered for the price of $5,000.
TECH TRANSFER AGREEMENTSCooperative Research and Development Agreement (CRADA)Facility Use/Service Agreement (FUSA)License Agreement (LA)Material Transfer Agreement (MTA)Technical Assistance Agreement (TAA)
How to Negotiate a Licensing Agreement Like a ProDo your homework.Start with a term sheet.Manage your expectations.Be patient.Have a win-win attitude.Don't lose your sense of humor.Remember to hold something back.Put yourself in their shoes.More items...?