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Rights assignment contract

Transfer ownership of your inventions & creations

Do you need an external service provider to develop a prototype, code your software, or design your brand logo?
A rights assignment contract is essential

What is a rights assignment contract?

The rights assignment contract is a legal document that formalizes the transfer of ownership of an intangible asset and associated rights between the creator and the client. It is similar to a sales contract, and is frequently used in the field of intellectual property, both for industrial property rights (patents, trademarks, designs) and copyright (artistic creations, software).

How to sell an invention?

When transferring an invention, several points must be taken into account to protect the interests of both parties:

Rights transferred

The contract must clearly specify the rights transferred, such as the right to exploit the invention, any patent, the right to extend the title internationally, and the rights of defense in the event of infringement.

Warranty of eviction

The assignor warrants to the assignee that it is the exclusive owner of the invention and that this assignment does not infringe the rights of third parties.

Pricing

The transfer may be for financial consideration or free of charge. Be careful: a free transfer may be considered as a donation and requires a notarial deed! Have one of our experts check the proposed price to avoid future problems.

Key points:
  • The assignment can only relate to an existing invention; the assignment of an invention that does not yet exist is not possible.
  • The invention can be assigned even if a patent application has not yet been filed.
  • The assignment of priority rights, i.e. the possibility of internationalizing the patent within 12 months of filing, must be explicitly mentioned, especially if the contract is concluded with a foreign co-contractor.

How to transfer creations and works:
Moral and Patrimonial Rights

For the transfer of copyright, the contract must differentiate between economic rights (right of reproduction, performance, etc.),
 and moral rights (right of disclosure, paternity, etc.).

Please note: Only economic rights can be assigned; moral rights remain inalienable and the property of the author.

Obligatory information for the transfer of copyright :

Assigned economic rights :
These must be clearly defined.

Duration of assignment :
Generally for the lifetime of the author and 70 years after his death.

Scope of distribution :
Number of products produced, use of media rights, etc.

Destination of rights :
If the work is an artistic creation or a creation of applied art, for example.

Distribution territory :
Specific countries or worldwide.

Remuneration :
Calculation method (proportional or flat-rate remuneration).

Why choose YesMyPatent?

A rights assignment contract must be precisely drafted to ensure effective protection for all parties. YesMyPatent can support you in this process, offering a personalized service tailored to your specific needs, whether for the assignment of patents or copyrights.

With our YesMyValo service, we can also help you determine the transfer price of your invention or creation.