1. Check that the basic conditions essential to the validity of the contract are met
Case law analyzes the patent assignment contract as a contract of sale. This means that its validity is subject to the general rules of contract law, which presuppose the consent of the parties, their capacity to contract, and its lawful and certain content ( article 1128 du Code civil ).
If these conditions are not met, the assignment contract may be annulled and deemed never to have existed.
In addition to these general rules, there are rules specific to patent law, as set out at
The Ultimate Scientific and Technical Reference
This article is included in
Management and innovation engineering
This offer includes:
Knowledge Base
Updated and enriched with articles validated by our scientific committees
Services
A set of exclusive tools to complement the resources
Practical Path
Operational and didactic, to guarantee the acquisition of transversal skills
Doc & Quiz
Interactive articles with quizzes, for constructive reading
Check that the basic conditions essential to the validity of the contract are met
Respecting the formalities of the patent assignment contract
Bibliography
Also in our database
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...
ToolWebsites
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.
The Ultimate Scientific and Technical Reference
