What are the purchaser's obligations and guarantees resulting from the transfer?
Transferring or acquiring a patent
Practical sheet REF: FIC1644 V1
What are the purchaser's obligations and guarantees resulting from the transfer?
Transferring or acquiring a patent

Author : Virginie BRUNOT

Publication date: December 10, 2017 | Lire en français

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5. What are the purchaser's obligations and guarantees resulting from the transfer?

The obligations of the purchaser of the patent do not pose any real difficulties, and essentially lie in the obligation to pay the fixed price.

A difficulty may arise from this obligation, particularly when the price is set in proportion to the patent's exploitation results. In this case, the purchaser is obliged to exploit the invention in good faith and "as a prudent businessman".

As a precautionary measure, it is advisable in such cases to set out in an agreement the terms and conditions for maintaining the title in force, for minimum exploitation and for providing the assignee with accounting information enabling it to verify the reality of the sums paid out.

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