The patent assignment is the transfer of rights attached to a patent from one person (the assignor) to another (the assignee). This mechanism allows the patent holder to transfer their industrial property rights, thereby granting the assignee the opportunity to exploit the protected invention.
Transferability of rights: The rights attached to a patent application or a granted patent can be transferred in whole or in part. They may be subject, in whole or in part, to an assignment, a license agreement, a pledge, or a seizure.
Opposability to third parties: To be enforceable against third parties, all acts transferring or modifying the rights attached to a patent application or a patent must be registered in the National Patent Register. This formality ensures the publicity of the assignment and guarantees the legal security of transactions.
Formal requirements of the assignment contract: A patent assignment must be recorded in writing, usually in the form of an assignment agreement. This document specifies the transfer terms, including the scope of the assigned rights, financial conditions, and the respective obligations of the parties.
Article L613-8 of the French Intellectual Property Code (CPI): This article states that the rights attached to a patent application or a patent can be transferred in whole or in part.
Article L613-9 of the CPI: It specifies that all acts transferring or modifying the rights attached to a patent application or a patent must be registered in the National Patent Register to be enforceable against third parties.
In summary, the patent assignment is a crucial legal transaction allowing the transfer of industrial property rights, governed by specific legal provisions to ensure transaction security and the protection of the involved parties.
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