Practical sheet | REF: FIC1644 V1

Transferring or acquiring a patent

Author: Virginie BRUNOT

Publication date: December 10, 2017 | Lire en français

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6. What are the obligations and guarantees owed by the seller?

The obligations and warranties owed by the seller of the patent are more numerous and may, in some cases, be subject to contractual arrangements.

6.1 Obligation to deliver

The transferor's first obligation is obviously to deliver the title. In this respect, article 1607 du Code civil reminds us that "the tradition of intangible rights takes place either by the delivery of titles, or by the use that the purchaser makes of them with the consent of the seller".

In practice, it is advisable to provide for the handover of the assigned title(s), as well as any documents...

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