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Assignment Of Inventions Agreement Template for South Africa

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Key Requirements PROMPT example:

Assignment Of Inventions Agreement

"I need an Assignment of Inventions Agreement for transferring ownership of a new water purification system from our senior research scientist to our company, with the agreement to take effect from March 1, 2025, and including provisions for future improvements to the technology."

Document background
The Assignment Of Inventions Agreement is a crucial document used in South Africa when transferring ownership rights in inventions between parties. It is particularly relevant in situations involving employee inventions, research and development outcomes, or technology transfer transactions. The agreement must comply with South African legislative requirements, including the Patents Act 57 of 1978 and the Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008. This document typically includes detailed descriptions of the invention(s), terms of transfer, warranties of ownership, and provisions for future developments. It's commonly used in corporate R&D settings, university technology transfers, start-up formations, and joint venture arrangements where intellectual property needs to be clearly assigned between parties.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee, including full legal names and registration details

2. Background: Context of the agreement, relationship between parties, and general purpose of the assignment

3. Definitions: Definitions of key terms used in the agreement, including 'Invention', 'Intellectual Property Rights', and technical terms

4. Assignment: Core provisions detailing the transfer of rights, title, and interest in the invention(s)

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

6. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, and non-infringement

7. Further Assurance: Obligations to execute additional documents and assist with formal registration

8. Confidentiality: Provisions regarding confidential information related to the invention

9. Governing Law and Jurisdiction: Specification of South African law and jurisdiction for disputes

10. General Provisions: Standard boilerplate clauses including notices, entire agreement, and severability

Optional Sections

1. Employee Obligations: Required when the assignor is an employee, addressing workplace invention policies and employment agreements

2. Future Inventions: Optional section for ongoing research or development situations where future inventions may need to be assigned

3. Royalties: Required when the assignment includes ongoing royalty payments rather than a one-time payment

4. Technology Transfer: Required when technical knowledge or know-how transfer is needed alongside the invention assignment

5. Non-Competition: Optional restrictions on the assignor's future activities in related fields

6. Tax Provisions: Required for complex transactions with specific tax implications

7. Third Party Rights: Required when the invention involves or affects third party rights or licenses

Suggested Schedules

1. Schedule A - Description of Invention: Detailed technical description of the invention(s) being assigned, including any patent applications or grants

2. Schedule B - Existing Rights: List of existing patents, patent applications, and related intellectual property rights

3. Schedule C - Payment Terms: Detailed breakdown of consideration, payment schedule, and any royalty calculations

4. Schedule D - Related Technical Documentation: List of technical documents, drawings, and other materials being transferred

5. Appendix 1 - Patent Certificates: Copies of existing patent certificates or application documents

6. Appendix 2 - Prior Art Disclosure: Documentation of known prior art or related technologies

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

Biotechnology

Pharmaceutical

Manufacturing

Engineering

Research and Development

Healthcare

Chemical

Electronics

Software Development

Automotive

Aerospace

Energy

Agricultural Technology

Medical Devices

Relevant Teams

Legal

Research and Development

Intellectual Property

Innovation

Technology Transfer

Corporate Development

Patents

Product Development

Compliance

Executive Leadership

Relevant Roles

Patent Attorney

Intellectual Property Lawyer

Research Scientist

Chief Technology Officer

Innovation Manager

R&D Director

Legal Counsel

Technology Transfer Officer

Intellectual Property Manager

Research Director

Chief Executive Officer

Chief Legal Officer

Product Development Manager

Head of Innovation

Compliance Officer

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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