Patent Assignment Agreement (India)

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Patent Assignment Agreement for use in all states and territories of India.

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This kit includes tools and guidelines for preparing an assignment of an Indian patent.

A patent is a legal device that protects inventors, prohibiting other persons from producing or profiting from their inventions for a defined period of time. While the patent owner holds certain exclusive rights to make and market the invention, the owner is entitled to transfer those rights to another party by way of an assignment.

Included in this kit is a sample agreement setting forth the terms of an assignment of a patent application, as well as a basic introduction to patent law.

Among others, this form includes the following provisions:
  • Assignment
  • Payment
  • Assignor’s Representations and Warranties
  • Further Actions
  • Governing Law
  • Notice
Law Compliance: This form complies with the state and territory laws of India.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
















Patent Assignment Agreement
(India)








This Packet Includes:
1.   Instructions & Checklist
2.   General Information
3.   Step-by-Step Instructions
4.   Patent Assignment Agreement




Instructions & Checklist
Patent Assignment Agreement
(India)

q   Note that as with any legal agreement; the document must be properly executed (signed) by both parties, the Assignor and the Assignee.

q   The Assignee should retain the original signed document as this original will need to be recorded with the Indian Patent Office.  The Assignor should retain a copy of the document for their records.

q   Once the document is executed it will need to be recorded with the Indian Patent Office.

q   Laws vary from time to time. These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with a lawyer to ensure that it addresses your particular situation. A lawyer should be consulted before negotiating any document with another party.
q   The purchase and use of these forms is subject to the “Disclaimers and Terms Use” found at www.findlegalforms.com.






General Information
Patent Assignment Agreement
(India)

A patent is a legal device that protects an inventor and his invention.  The patent prohibits other persons or entities from using or profiting from that invention for a specific period of time, during which the inventor has the exclusive right to exploit the invention.

In order to qualify for a patent, the invention must be: new, has an inventive step, capable of industrial application, and has not been excluded by section 3 & 4 of the Indian Patent Act 1970. Further, the material to be patented must be novel and non-obvious.

In addition to having the rights to transfer ones interest in patent, inventors also have the ability to transfer their rights in the patent application itself.  When the application is validly assigned and recorded with the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), the patent will be issued to the assignee upon approval of the application.

Recordation with the CGPDTM also serves to protect the assignee against good faith purchasers who may attempt to take ownership of the patent subsequent to the assignee.  

Under the Indian Patent Act, an assignment of a patent or of a share in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations.

The application for registration of such document or agreement is filed in the prescribed manner with the Controller within six months from the execution of the document.

Agreements submitted for recordation need to be accompanied by a form 6 to the Indian Patent Office (available on the Patent Office website: www.patentoffice.nic.in.

For more information about recording your patent application assignment or general information about Indian Patent law, visit the Indian Patent Office website (www.patentoffice.nic.in) 
   




Step-by-Step Instructions
Patent Assignment Agreement
(India)

Introduction:  Enter the date that the agreement is being entered into. Fill in the name of the “Assignor” (person assigning the patent) and the “Assignee” (the person that is receiving the assignment).  Fill in the business address of each party.

 Enter a brief description of the invention that has been patented, and fill in the Indian Patent Number, and the Indian Patent Application Number.

The agreement mentions in “consideration of mutual promises, etc.” This clause is necessary because in order to have a valid legal agreement, there must be consideration.  Legal consideration is the exchange of something of value between the parties.  

1. Assignor agrees to assign all rights and title to the Patent.  The Assignor also requests that the assignment is recorded with the Office of the Controller General of Patents, Designs & Trade Marks .

2. Payment:  Enter the amount of money that the Assignee will pay for the assignment of this patent (consideration).

3. Assignor represents that they have legal authority to make this assignment, and has not assigned it to anyone else.

4.  Assignor agrees to take any other actions necessary to accomplish this assignment.  

5.   Enter the place that this agreement is being entered into.  

6.  Signing a document in counterparts can occur where the signing parties are in different geographical locations.  An agreement can be faxed for signature, while another agreement is signed in a different location. As long as the agreements are identical, both documents constitute a completed, signed agreement.

7. Severability means that if any part of this agreement is found unenforceable for any reason, it does not affect the other provisions of this agreement.  

8.   Enter the address of each party should notice need to be given regarding this agreement.









9.  Headings are for clarity and do not directly affect the terms of this agreement.

10.  This agreement is the complete agreement between the parties. Any other prior agreements or understandings are no longer in effect.

Signature Block:   Both parties should sign this document. The Assignee should retain the original document as it will need to be recorded with the Indian Patent Office.








DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  
THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 




Patent Assignment Agreement

THIS AGREEMENT is made this        day of       , 20   , by and between                       (“Assignor”), whose business address is                                and                             (“Assignee”, and collectively, the “Parties”), whose business address is                                             .

WHEREAS, Licensor is has invented    (Brief description of invention)    (the “Invention”), and has been granted Indian Letters Patent for said invention, Patent No.              (the “Patent”), granted on the patent application filed with the Office of the Controller General of Patents, Designs & Trade Marks, Patent Application Number               (the “Patent Application”).

WHEREAS, Assignee wishes to acquire all right, title and interest in the Patent, and Assignor wishes to sell its interest in the Patent to Assignee.

NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:

1.     Assignment.  Assignor hereby assigns to Assignee, and its successors, representatives and assigns, all right, title and interest in the Patent including all re-examinations, extensions and reissues thereof.  Assignor hereby requests the Office of the Controller General of Patents, Designs & Trade Marks to record this assignment of all right, title and interest in the Patent to Assignee.

2.     Payment.  In consideration of the assignment of the Patent pursuant to this Agreement, and of the promises and covenants contained herein, Assignee shall pay to Assignor a fee in the amount of Rs            , payable as follows:                                                                                       .

3.     Assignors Representations and Warranties.  Assignor hereby represents and warrants that it has the legal right and authority to execute this Agreement, and to validly assign the entire interest in the Patent to Assignee.  Assignor further represents and warrants that it has not executed any other agreement that would conflict with the terms of this Agreement, nor shall it execute any such agreement in the future.

4.   Further Actions.  Assignor hereby agrees to execute any further agreements and to take any further actions necessary to aid Assignee in perfecting its interest in the Patent and in enforcing any and all protections or privileges deriving from the Patent.

5.   Governing Law.  This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the honourable courts of ______________, India, without regard to conflicts of law principles.

6.   Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

7.   Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

8.   Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

   If to Assignor:      
      
      
      

   If to Assignee:         
      
      
      

9.   Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

10.   Entire Agreement.   This Agreement constitutes the entire agreement between Assignor and Assignee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.


ASSIGNOR

                  
Signature
                  
Print Name
ASSIGNEE

                  
Signature
                  
Print Name



Number of Pages8
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33547
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
















Patent Assignment Agreement
(India)








This Packet Includes:
1.   Instructions & Checklist
2.   General Information
3.   Step-by-Step Instructions
4.   Patent Assignment Agreement




Instructions & Checklist
Patent Assignment Agreement
(India)

q   Note that as with any legal agreement; the document must be properly executed (signed) by both parties, the Assignor and the Assignee.

q   The Assignee should retain the original signed document as this original will need to be recorded with the Indian Patent Office.  The Assignor should retain a copy of the document for their records.

q   Once the document is executed it will need to be recorded with the Indian Patent Office.

q   Laws vary from time to time. These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with a lawyer to ensure that it addresses your particular situation. A lawyer should be consulted before negotiating any document with another party.
q   The purchase and use of these forms is subject to the “Disclaimers and Terms Use” found at www.findlegalforms.com.






General Information
Patent Assignment Agreement
(India)

A patent is a legal device that protects an inventor and his invention.  The patent prohibits other persons or entities from using or profiting from that invention for a specific period of time, during which the inventor has the exclusive right to exploit the invention.

In order to qualify for a patent, the invention must be: new, has an inventive step, capable of industrial application, and has not been excluded by section 3 & 4 of the Indian Patent Act 1970. Further, the material to be patented must be novel and non-obvious.

In addition to having the rights to transfer ones interest in patent, inventors also have the ability to transfer their rights in the patent application itself.  When the application is validly assigned and recorded with the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), the patent will be issued to the assignee upon approval of the application.

Recordation with the CGPDTM also serves to protect the assignee against good faith purchasers who may attempt to take ownership of the patent subsequent to the assignee.  

Under the Indian Patent Act, an assignment of a patent or of a share in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations.

The application for registration of such document or agreement is filed in the prescribed manner with the Controller within six months from the execution of the document.

Agreements submitted for recordation need to be accompanied by a form 6 to the Indian Patent Office (available on the Patent Office website: www.patentoffice.nic.in.

For more information about recording your patent application assignment or general information about Indian Patent law, visit the Indian Patent Office website (www.patentoffice.nic.in) 
   




Step-by-Step Instructions
Patent Assignment Agreement
(India)

Introduction:  Enter the date that the agreement is being entered into. Fill in the name of the “Assignor” (person assigning the patent) and the “Assignee” (the person that is receiving the assignment).  Fill in the business address of each party.

 Enter a brief description of the invention that has been patented, and fill in the Indian Patent Number, and the Indian Patent Application Number.

The agreement mentions in “consideration of mutual promises, etc.” This clause is necessary because in order to have a valid legal agreement, there must be consideration.  Legal consideration is the exchange of something of value between the parties.  

1. Assignor agrees to assign all rights and title to the Patent.  The Assignor also requests that the assignment is recorded with the Office of the Controller General of Patents, Designs & Trade Marks .

2. Payment:  Enter the amount of money that the Assignee will pay for the assignment of this patent (consideration).

3. Assignor represents that they have legal authority to make this assignment, and has not assigned it to anyone else.

4.  Assignor agrees to take any other actions necessary to accomplish this assignment.  

5.   Enter the place that this agreement is being entered into.  

6.  Signing a document in counterparts can occur where the signing parties are in different geographical locations.  An agreement can be faxed for signature, while another agreement is signed in a different location. As long as the agreements are identical, both documents constitute a completed, signed agreement.

7. Severability means that if any part of this agreement is found unenforceable for any reason, it does not affect the other provisions of this agreement.  

8.   Enter the address of each party should notice need to be given regarding this agreement.









9.  Headings are for clarity and do not directly affect the terms of this agreement.

10.  This agreement is the complete agreement between the parties. Any other prior agreements or understandings are no longer in effect.

Signature Block:   Both parties should sign this document. The Assignee should retain the original document as it will need to be recorded with the Indian Patent Office.








DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  
THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 




Patent Assignment Agreement

THIS AGREEMENT is made this        day of       , 20   , by and between                       (“Assignor”), whose business address is                                and                             (“Assignee”, and collectively, the “Parties”), whose business address is                                             .

WHEREAS, Licensor is has invented    (Brief description of invention)    (the “Invention”), and has been granted Indian Letters Patent for said invention, Patent No.              (the “Patent”), granted on the patent application filed with the Office of the Controller General of Patents, Designs & Trade Marks, Patent Application Number               (the “Patent Application”).

WHEREAS, Assignee wishes to acquire all right, title and interest in the Patent, and Assignor wishes to sell its interest in the Patent to Assignee.

NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:

1.     Assignment.  Assignor hereby assigns to Assignee, and its successors, representatives and assigns, all right, title and interest in the Patent including all re-examinations, extensions and reissues thereof.  Assignor hereby requests the Office of the Controller General of Patents, Designs & Trade Marks to record this assignment of all right, title and interest in the Patent to Assignee.

2.     Payment.  In consideration of the assignment of the Patent pursuant to this Agreement, and of the promises and covenants contained herein, Assignee shall pay to Assignor a fee in the amount of Rs            , payable as follows:                                                                                       .

3.     Assignors Representations and Warranties.  Assignor hereby represents and warrants that it has the legal right and authority to execute this Agreement, and to validly assign the entire interest in the Patent to Assignee.  Assignor further represents and warrants that it has not executed any other agreement that would conflict with the terms of this Agreement, nor shall it execute any such agreement in the future.

4.   Further Actions.  Assignor hereby agrees to execute any further agreements and to take any further actions necessary to aid Assignee in perfecting its interest in the Patent and in enforcing any and all protections or privileges deriving from the Patent.

5.   Governing Law.  This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the honourable courts of ______________, India, without regard to conflicts of law principles.

6.   Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

7.   Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

8.   Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

   If to Assignor:      
      
      
      

   If to Assignee:         
      
      
      

9.   Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

10.   Entire Agreement.   This Agreement constitutes the entire agreement between Assignor and Assignee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.


ASSIGNOR

                  
Signature
                  
Print Name
ASSIGNEE

                  
Signature
                  
Print Name



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Reviews: 2


San Jose,

CA

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Thank you for your excellent services. My legal documment worked out fine. I was able to edit the form to my needs.


Palm Desert,

CA

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Found it to be very useful in organizing my thoughts in relation to a potential patent assignment, and liked the way in which it could be modified to suit particular needs and circumstances.


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