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Assignment Of Patent Rights Agreement Template for Austria

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Key Requirements PROMPT example:

Assignment Of Patent Rights Agreement

"I need an Assignment of Patent Rights Agreement to transfer a single biotech patent from my research company to a pharmaceutical corporation, with completion scheduled for March 2025 and including provisions for ongoing technical support for 6 months after the transfer."

Document background
The Assignment Of Patent Rights Agreement is a crucial legal instrument used when transferring ownership of patent rights in Austria. This document is essential when companies or individuals wish to sell, transfer, or assign their patent rights to another party, whether as part of a business acquisition, technology transfer, or standalone transaction. The agreement must comply with Austrian legal requirements, including the Patent Act (Patentgesetz) and relevant EU regulations. It typically includes detailed information about the patent(s) being transferred, warranties about ownership and validity, provisions for registration with the Austrian Patent Office, and terms regarding technical information transfer. This document is particularly important in situations involving corporate restructuring, technology commercialization, or strategic patent portfolio management.
Suggested Sections

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

2. Background: Context of the agreement, including brief description of the patent(s) and purpose of the assignment

3. Definitions: Definitions of key terms used throughout the agreement, including 'Patent Rights', 'Effective Date', 'Technical Information'

4. Assignment of Rights: Core provision transferring all rights, title, and interest in the patent(s) from Assignor to Assignee

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

6. Assignor's Representations and Warranties: Warranties regarding ownership, right to assign, validity, non-infringement, and absence of encumbrances

7. Further Assurances: Obligation to execute additional documents and assist with transfer registration

8. Registration and Recordal: Provisions regarding the recording of the assignment with patent offices

9. Taxes and Costs: Allocation of responsibility for transfer taxes, registration fees, and other costs

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

11. Entire Agreement: Standard integration clause confirming the agreement represents the entire understanding between parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Existing Licenses and Encumbrances: Details of any existing licenses or encumbrances that will survive the assignment

2. Technical Assistance: Provisions for technical support or knowledge transfer from Assignor to Assignee

3. Confidentiality: Obligations regarding confidential information if ongoing collaboration is required

4. Pending Applications: Special provisions for patents that are still in application phase

5. Prosecution and Maintenance: Responsibilities for ongoing patent prosecution and maintenance fees

6. Existing Litigation: Provisions dealing with any ongoing patent litigation or disputes

7. Revenue Sharing: If applicable, provisions for sharing future revenues from the patent

8. Employee Obligations: Provisions regarding inventor employees and their ongoing obligations

9. Severability: Clause ensuring survival of agreement if certain provisions are found invalid

Suggested Schedules

1. Schedule A - Patent Rights: Detailed list of all patents and patent applications being assigned, including registration numbers, jurisdictions, and status

2. Schedule B - Technical Information: Detailed description of technical information, know-how, and trade secrets being transferred

3. Schedule C - Existing Licenses: List and details of any existing licenses or agreements affecting the patent rights

4. Schedule D - Payment Terms: Detailed payment schedule and terms if payment is not made in single installment

5. Appendix 1 - Form of Patent Office Recordal: Template documents required for recording the assignment at relevant patent offices

6. Appendix 2 - Inventor Certificates: Copies of inventor certificates and assignments from inventors to Assignor

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses


























Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Chemical Industry

Electronics

Software Development

Medical Devices

Automotive

Aerospace

Research and Development

Industrial Engineering

Relevant Teams

Legal

Intellectual Property

Research and Development

Technology Transfer

Corporate Development

Innovation

Patent Operations

Technical Documentation

Business Development

Regulatory Affairs

Relevant Roles

Patent Attorney

Intellectual Property Counsel

Legal Director

Chief Technology Officer

Research and Development Director

Innovation Manager

Intellectual Property Manager

Chief Legal Officer

Technology Transfer Officer

Patent Portfolio Manager

Corporate Counsel

Licensing Manager

Technical Director

Chief Executive Officer

Chief Scientific 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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