The Patent Assignment Agreement is a crucial document used when transferring ownership rights of a patent from one party to another in Indonesia. This document is essential when companies are acquiring patent portfolios, during corporate restructuring, or when individual inventors are transferring their patent rights to companies or institutions. The agreement must comply with Indonesian Patent Law (Law No. 13 of 2016) and related regulations, requiring specific formalities for the valid transfer of patent rights and subsequent registration with the Directorate General of Intellectual Property. It's particularly important in technology transfer transactions, mergers and acquisitions, and research commercialization efforts. The document includes detailed information about the patent(s), terms of transfer, warranties about patent validity and ownership, and obligations for both parties to facilitate the transfer process.
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1. Parties: Identification of the Assignor and Assignee, including full legal names, addresses, and company registration details
2. Background: Context of the assignment, brief description of the patent(s), and the parties' intention to transfer ownership
3. Definitions: Key terms used in the agreement, including technical terms, 'Patent Rights', 'Effective Date', and other relevant definitions
4. Subject Matter of Assignment: Detailed description of the patent(s) being assigned, including registration numbers and jurisdictional coverage
5. Assignment and Transfer: Core provision transferring all rights, title, and interest in the patent from Assignor to Assignee
6. Consideration: Details of payment or other consideration for the assignment
7. Representations and Warranties: Assignor's warranties regarding ownership, right to assign, and validity of the patent
8. Further Assurances: Obligations to execute additional documents and assist with patent office recordings
9. Governing Law: Specification of Indonesian law as governing law and jurisdiction for disputes
10. Execution: Signature blocks and execution requirements
1. Foreign Registration: Include when the patent has international registrations or when foreign patent office recordings are required
2. Technology Transfer: Include when technical knowledge or know-how transfer is part of the assignment
3. Confidentiality: Include when confidential information will be shared during the assignment process
4. Tax Provisions: Include when specific tax arrangements or considerations need to be addressed
5. Regulatory Approval: Include when government or regulatory approvals are required for the assignment
6. Improvement Rights: Include when future improvements to the patent are part of the agreement
7. Employee Obligations: Include when inventor employees have ongoing obligations or rights
1. Patent Details: Complete technical specifications, claims, and drawings of the patent(s)
2. Patent Registration Certificates: Copies of all patent registration certificates and official documents
3. Payment Schedule: If payment is in installments or subject to conditions
4. Existing Licenses: List of any existing licenses or encumbrances on the patent
5. Required Forms: Official patent assignment forms required by the Indonesian Directorate General of Intellectual Property
6. Power of Attorney: If required for recording the assignment with patent offices
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Manufacturing
Biotechnology
Electronics
Chemical Industry
Automotive
Research and Development
Medical Devices
Telecommunications
Agriculture
Energy
Software Development
Relevant Teams
Legal
Intellectual Property
Research and Development
Technology Transfer
Corporate Development
Innovation
Patents and Trademarks
Compliance
Technical Documentation
Business Development
Relevant Roles
Intellectual Property Manager
Patent Attorney
Legal Counsel
Chief Technology Officer
Research and Development Director
Innovation Manager
Technology Transfer Officer
Corporate Lawyer
Licensing Manager
Chief Legal Officer
Patent Engineer
Intellectual Property Specialist
Research Scientist
Business Development Manager
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