The Assignment Of Invention Agreement is a crucial legal document used in the Philippines when an inventor or group of inventors needs to transfer their rights in an invention to another party, typically a company or institution. This agreement is particularly important in research and development contexts, employment situations, or commercial transactions involving intellectual property. The document must comply with the Philippine Intellectual Property Code and related regulations, ensuring proper transfer of all rights while protecting both parties' interests. It includes essential details about the invention, the terms of transfer, consideration, future obligations, and confidentiality requirements. This agreement is commonly used in corporate R&D departments, academic institutions, and technology companies, especially when patentable innovations are developed.
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1. Parties: Identifies and provides complete details of the Assignor (inventor) and Assignee, including their legal capacities and addresses
2. Background: Explains the context of the invention, the relationship between the parties, and the purpose of the assignment
3. Definitions: Defines key terms used in the agreement, including 'Invention', 'Intellectual Property Rights', 'Technical Information', and other relevant terms
4. Assignment: Core section detailing the transfer of all rights, title, and interest in the invention from Assignor to Assignee
5. Consideration: Specifies the payment or other consideration provided in exchange for the assignment
6. Representations and Warranties: Assignor's declarations regarding ownership, right to assign, non-infringement, and other key warranties
7. Further Assurances: Assignor's commitment to assist with patent applications, documentation, and other necessary actions
8. Confidentiality: Obligations regarding the confidential treatment of invention-related information
9. Governing Law and Jurisdiction: Specifies Philippine law as governing law and defines jurisdiction for dispute resolution
10. General Provisions: Standard contractual provisions including notices, amendments, severability, and entire agreement
1. Multiple Inventors: Required when there are multiple inventors assigning their rights, detailing their respective contributions and obligations
2. Government Rights: Necessary when the invention was created using government funding or resources, addressing requirements under the Technology Transfer Act
3. Prior Rights: Used when there are existing licenses or rights that need to be addressed or preserved
4. Royalties: Include when the assignment includes ongoing royalty payments rather than a one-time payment
5. Competition Compliance: Required when the assignment might raise competition law concerns under the Philippine Competition Act
6. Employee Rights: Necessary when the inventor is an employee and employment law considerations need to be addressed
1. Invention Description: Detailed technical description of the invention, including any drawings, specifications, and related technical documentation
2. Patent Applications: List and details of any existing patent applications or patents related to the invention
3. Payment Schedule: If applicable, detailed breakdown of payment terms, installments, or royalty calculations
4. Prior Art Disclosure: List of known prior art or related technologies that might affect the invention's patentability
5. Existing Licenses: Details of any existing licenses or agreements affecting the invention
6. Technical Documentation: Additional technical materials, research data, or other supporting documentation related to the invention
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Research and Development
Electronics
Chemical Industry
Software Development
Medical Devices
Automotive
Telecommunications
Clean Energy
Agriculture Technology
Relevant Teams
Legal
Research and Development
Intellectual Property
Innovation
Product Development
Engineering
Technology Transfer
Corporate Development
Scientific Affairs
Patent Operations
Relevant Roles
Research Scientist
Patent Attorney
Intellectual Property Counsel
R&D Director
Chief Technology Officer
Innovation Manager
Legal Counsel
Product Development Manager
Research Engineer
Technology Transfer Officer
IP Portfolio Manager
Laboratory Director
Chief Scientific Officer
Industrial Designer
Software Engineer
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