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Patent Assignment Form Template for Switzerland

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Key Requirements PROMPT example:

Patent Assignment Form

"I need a Patent Assignment Form under Swiss law to transfer a portfolio of three biotech patents from our Swiss subsidiary to our parent company in Germany, with the transfer to be effective from March 1, 2025, including provisions for ongoing research collaboration."

Document background
The Patent Assignment Form is a crucial legal instrument used in Switzerland when transferring ownership rights of patents or patent applications from one entity to another. This document is commonly required in various scenarios, including company acquisitions, technology transfers, employee invention assignments, or strategic patent portfolio management. The form must comply with Swiss federal legislation, particularly the Patent Act and Code of Obligations, and requires specific content to ensure validity and enforceability. It typically includes detailed information about the patent(s) being transferred, clear identification of parties, consideration terms, and necessary representations and warranties. The document is essential for maintaining clear chains of patent ownership and must be suitable for registration with the Swiss Federal Institute of Intellectual Property.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee with full legal names and addresses

2. Background: Context of the assignment, including the Assignor's ownership of the patent rights and reason for assignment

3. Definitions: Key terms used in the agreement, including 'Patent Rights', 'Effective Date', and other relevant terminology

4. Subject Matter of Assignment: Clear identification of the patent(s) or patent application(s) being assigned

5. Assignment and Transfer: Express terms of assignment, transferring all rights, title, and interest in the patent(s)

6. Consideration: Details of payment or other consideration for the assignment

7. Assignor's Representations and Warranties: Basic warranties regarding ownership, right to assign, and no encumbrances

8. Further Assurances: Commitment to execute additional documents necessary to perfect the assignment

9. Governing Law: Specification of Swiss law as governing law and jurisdiction

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Recordal: Provisions regarding the registration of the assignment with patent offices, used when immediate recordal is required

2. Retention of Rights: Used when assignor retains certain limited rights or licenses

3. Tax Provisions: Include when there are specific tax implications or requirements for the assignment

4. Confidentiality: Required when confidential information is involved in the transfer

5. Foreign Patent Rights: Include when the assignment covers patents in multiple jurisdictions

6. Improvements: Used when future improvements to the patent should be covered

7. Employee Inventor Rights: Required when the assignment involves employee inventions under Swiss law

8. Survival: Include when certain provisions need to survive the assignment

Suggested Schedules

1. Schedule A - Patent Details: Detailed list of patents/applications being assigned, including registration numbers, titles, and jurisdictions

2. Schedule B - Payment Terms: Detailed payment schedule if the consideration involves installments or contingent payments

3. Schedule C - Existing Licenses: List of any existing licenses or encumbrances that will continue post-assignment

4. Appendix 1 - Patent Office Forms: Required forms for recording the assignment with relevant patent offices

5. Appendix 2 - Inventor Declarations: Any required declarations from inventors, particularly relevant for pending applications

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































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Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Chemical Industry

Electronics

Medical Devices

Automotive

Aerospace

Research and Development

Software Development

Industrial Engineering

Clean Technology

Telecommunications

Relevant Teams

Legal

Intellectual Property

Research and Development

Technology Transfer

Corporate Development

Innovation

Patents and Trademarks

Licensing

Technical Documentation

Executive Leadership

Relevant Roles

Patent Attorney

Intellectual Property Counsel

Legal Director

Chief Technology Officer

Research and Development Director

Innovation Manager

Technology Transfer Officer

Corporate Counsel

IP Portfolio Manager

Chief Legal Officer

Licensing Manager

Patent Engineer

Chief Executive Officer

General Counsel

Intellectual Property Specialist

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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