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