A patent is a grant of a property right by the Government to an inventor. The United States Constitution gives Congress the right to provide for patent protection in legislation in order to encourage useful inventions. The patent itself provides a detailed description of the invention, and how it is used or how to make it. Thus, if you obtain a patent you cannot keep the matter secret, which is the province of Trade Secret Law. A patent enables the owner to exclude others from making, using or selling the invention for the life of the patent.
Nassau New York Assignment of Rights in Invention Prior to Execution of Application is a legal document that outlines the transfer of ownership of an invention from one party to another in the context of patent applications. This assignment serves as a legally binding agreement between the inventor and the assignee, ensuring that the rights to the invention are properly transferred before the application is filed. In Nassau New York, there are two main types of Assignment of Rights in Invention Prior to Execution of Application: 1. Absolute Assignment: This type of assignment involves the complete and unconditional transfer of all rights and interests in the invention. The inventor relinquishes all ownership and control over the invention to the assignee, who becomes the sole owner. 2. Conditional Assignment: In certain cases, the assignment may be conditional or limited in nature. The inventor and the assignee may agree to specific terms and conditions that govern the transfer of rights. For example, the assignment may be conditional upon the successful granting of a patent or the commercialization of the invention. The Nassau New York Assignment of Rights in Invention Prior to Execution of Application typically includes several key components: 1. Parties Involved: The assignment document identifies the inventor(s) and the assignee(s) involved in the transfer of rights. It includes their full names, addresses, and contact information. 2. Description of the Invention: The document provides a detailed description of the invention, outlining its key features and functionalities. This description helps establish the scope of the assignment and ensures clarity regarding the intellectual property being transferred. 3. Assignment Clause: The assignment clause clearly states the intent to transfer all rights, title, and interests in the invention. It specifies whether the assignment is absolute or conditional. Additionally, it may outline any conditions or limitations associated with the transfer. 4. Consideration: Consideration refers to any monetary or non-monetary compensation exchanged between the inventor and the assignee as part of the assignment. This consideration can be in the form of a lump sum payment, royalties, or other agreed-upon arrangements. 5. Governing Law and Jurisdiction: The assignment document may specify the choice of law that will govern the agreement and the jurisdiction where any disputes will be settled. In Nassau New York, this is typically governed by state-specific patent laws and may require the assignment to be recorded with the United States Patent and Trademark Office (USPTO). It is crucial for both parties involved in the Assignment of Rights in Invention Prior to Execution of Application to carefully review and understand the terms of the agreement before signing. Seeking legal advice is recommended to ensure compliance with relevant Nassau New York laws and regulations and to protect the rights and interests of both parties involved.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
