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 Maryland Assignment of Rights in Invention Prior to Execution of Application is a legal agreement that specifies the transfer of ownership and rights to an invention from the inventor to another party. This assignment typically takes place before the execution of a patent application. It is important to understand the intricacies and types of this assignment, as it governs the ownership, use, and potential commercialization of the invention. There are several types of Maryland Assignment of Rights in Invention Prior to Execution of Application: 1. Absolute Assignment: This type of assignment transfers all ownership and rights to the invention from the inventor to the assignee. The assignee gains complete control over the invention, including the right to apply for patents, license the invention, or sell it. 2. Partial Assignment: In this case, the assignment only transfers a specific portion of the ownership or rights to the invention. The assignee may be granted limited rights to use or commercialize the invention, while the inventor retains some ownership or control. 3. Exclusive Assignment: This assignment grants exclusivity to the assignee, meaning that the inventor cannot assign the rights or license the invention to any other party. The assignee has sole control and may exploit the invention without competition from the inventor. 4. Non-exclusive Assignment: Unlike exclusive assignments, a non-exclusive assignment allows the inventor to assign the rights or license the invention to multiple parties simultaneously. The inventor retains some ownership and control, while the assignee gains specified rights to use and commercialize the invention. The Maryland Assignment of Rights in Invention Prior to Execution of Application serves as a legal protection for both inventors and assignees. It ensures that the rights to the invention are clearly defined and transferred in a manner that benefits all parties involved. It is crucial for inventors and assignees to consult with legal professionals to draft and execute this assignment accurately and in compliance with Maryland's laws. Proper documentation and record keeping are essential to avoid disputes and to protect the rights and interests of both parties.
