A patent is a grant of a property right by the Government to an inventor. The United States Constitution gives Congress the right to provide for patent protection in legislation in order to encourage useful inventions. The patent itself provides a detailed description of the invention, and how it is used or how to make it. Thus, if you obtain a patent you cannot keep the matter secret, which is the province of Trade Secret Law. A patent enables the owner to exclude others from making, using or selling the invention for the life of the patent.
The Kansas Assignment of Rights in Invention Prior to Execution of Application refers to a legal document that grants ownership of an invention to another party before the filing of a patent application. This assignment ensures that the inventor transfers all rights, title, and interest in the invention to the assignee. In the state of Kansas, there are two main types of Assignment of Rights in Invention Prior to Execution of Application: 1. Voluntary Assignment: This type occurs when the inventor willingly transfers their invention rights to another party. The inventor may choose to assign the rights in exchange for financial compensation, shares in a business venture, or other considerations outlined in a legally binding contract. 2. Involuntary Assignment: This type of assignment may result from certain circumstances, such as employment or contractual obligations. If an inventor creates an invention as part of their employment duties or under a contractual agreement, the rights to the invention may automatically transfer to the employer or the contracting party. It's important to note that the Assignment of Rights in Invention Prior to Execution of Application should be executed before filing a patent application. By securing the assignment beforehand, the assignee becomes the rightful owner of the invention and has the authority to apply for and manage the patent process. The Kansas Assignment of Rights in Invention Prior to Execution of Application typically includes essential details such as the names and addresses of both the assignor (inventor) and assignee, a comprehensive description of the invention, the effective date of the assignment, and any agreed-upon terms and conditions. This legally binding document ensures clarity and eliminates any confusion regarding ownership rights, providing a solid foundation for future patent protection or commercialization efforts. In conclusion, the Kansas Assignment of Rights in Invention Prior to Execution of Application is a critical legal document that allows inventors in Kansas to transfer ownership of their inventions to another party before filing a patent application. Whether it is a voluntary or involuntary assignment, this document secures the assignee's rights to pursue patent protection and commercialize the invention in accordance with the agreed-upon terms.
