Overview
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Virginie BRUNOT: Member of the Paris Bar, graduate of CEIPI Patents, Trademarks and Designs, Lexing Alain Bensoussan Avocats
INTRODUCTION
The rights attached to a patent or patent application are transferable in whole or in part. The assignment of these rights, usually referred to as a "patent assignment", is a contract by which the owner of the rights to a patent or patent application transfers all or part of the title and the rights attached to it to a third party, in return for a cash consideration.
While the transfer of a patent is subject to the same legal regime as the sale of an asset, it also has its own specific characteristics.
The sale may be an isolated operation, or part of a larger project such as the global sale of a business.
The purpose of this sheet is to identify the various points to be considered in order to ensure the validity of the assignment contract, and the rights and obligations arising from this assignment for each of the parties to the contract.
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Bibliography
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Bibliography
Joanna Schmidt-Szalewski – Jean-Marc Mousseron (†), Répertoire de droit commercial, Brevet d'invention, Dalloz.
J. Passa, Droit de la propriété industrielle, Tome 2, L.G.D.J., 2013.
Direction Générale des Finances Publiques, ENR - Cessions de brevets d'invention, de droits de possession industrielle et de marques de fabrique, de commerce...
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A self-financed public institution under the supervision of the French Ministry of Industrial Property, INPI plays an active role in the development and implementation of public policies in the field of intellectual property, in support of innovation and business competitiveness, and in the fight against counterfeiting.
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