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Assigning Your IP If you want to permanently sell or transfer your IP interests to another party, you do this through an assignment. You assign your IP rights in that asset to the other person or business. This means they will now own it, and you will have no right to use that IP.
An intellectual property assignment is the transfer of an intellectual property right to another so that the assignor is no longer the owner of that right. The assignor cannot therefore use the right unless the assignee grants a licence back to the assignor.
How to complete an intellectual property assignment Introduction of parties. ... Recitals. ... Assignment of intellectual property. ... Consideration. ... Assignor's representations and warranties. ... Assignee's representations and warranties. ... Documentation. ... Indemnification.
IP assignment agreements are contracts between a business and its personnel that transfer ownership of IP created by the personnel during their employment or engagement with the business. IP can include patents, trademarks, copyrights, and trade secrets.
You may also need to notify or obtain the consent of any third parties that have an interest in your IP rights, such as co-owners, licensors, or licensees. You may also need to record or register the IP transfer with the relevant authorities, such as the patent office, the trademark office, or the copyright office.
To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.
IP rights assignment You can sell your IP asset to another person or legal entity. When all the exclusive rights to a patented invention, registered trademark, design or copyrighted work are transferred by the owner to another person or legal entity, it is said that an assignment of such rights has taken place.
Assignment of Intellectual Property Broadly, under an intellectual property assignment agreement, you permanently transfer some or all IP rights to the assignee in exchange for a specified sum. You sell the rights to a third party the same way that you could sell physical property for a permanent transfer.