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.
New York Assignment of Rights in Invention Prior to Execution of Application is a legal document that outlines the transfer of ownership rights of an invention from one party to another in the state of New York. This assignment typically occurs before the application for a patent is executed. The purpose of the New York Assignment of Rights in Invention Prior to Execution of Application is to ensure that the rights to an invention are properly transferred and assigned to the appropriate party, typically a company or employer. This legal document establishes the ownership rights, avoiding any potential disputes or claims in the future. There are two main types of New York Assignment of Rights in Invention Prior to Execution of Application: 1. Individual to Employer: This type of assignment involves an individual inventor assigning their rights to their employer. It is commonly used in situations where the inventor has created the invention while working within the scope of their employment. The employer becomes the rightful owner of the invention and can pursue patent protection or any other legal actions related to the invention. 2. Collaborative Assignment: In cases where multiple inventors contribute to the creation of an invention, a collaborative assignment may be required. This type of assignment ensures that all inventors involved in the invention transfer their rights collectively to a single entity or employer. It prevents any future conflicts or disputes regarding ownership rights of the invention. The New York Assignment of Rights in Invention Prior to Execution of Application document typically includes several key elements. These include: — Parties involved: The names and contact details of both the assignor (the inventor) and the assignee (the employer or entity) are stated in the document. — Description of the invention: A detailed description of the invention being assigned is provided. This includes any relevant specifications, technical details, or prototypes related to the invention. — Assignment of rights: The document clearly states that the assignor transfers all their rights, title, and interest in the invention to the assignee. This includes the right to apply for patents, pursue legal actions, and commercially exploit the invention. — Consideration: If there is any compensation or consideration provided by the assignee to the assignor in exchange for their rights, it is explicitly mentioned within the document. — Governing law: The document specifies that it is governed by the state law of New York, ensuring that any disputes arising from the assignment can be resolved within the state's jurisdiction. In conclusion, the New York Assignment of Rights in Invention Prior to Execution of Application is a crucial legal document that facilitates the proper transfer of ownership rights of an invention from an individual inventor to an assigned entity or employer. By establishing clear ownership, this document helps protect the rights and interests of both parties involved.
