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.
The North Dakota Assignment of Rights in Invention Prior to Execution of Application is a legal document that outlines the transfer of rights in an invention from an individual or company (the assignor) to another party (the assignee) before the execution of a patent application. This assignment allows the assignee to claim ownership of the invention and file a patent application on their behalf. In North Dakota, there are different types of Assignment of Rights in Invention Prior to Execution of Application, including: 1. Voluntary Assignment: This is a type of assignment where the assignor willingly transfers their rights in the invention to the assignee. It typically occurs when the assignor recognizes the value of the invention but does not wish to pursue the patent application process themselves. 2. Employer-Employee Assignment: In this type of assignment, an employee or inventor assigns the rights in their invention to their employer. Usually, this assignment occurs when the invention is created within the scope of the employee's job duties or through the use of the employer's resources. 3. Contractual Assignment: A contractual assignment is based on a mutually agreed upon contract between the assignor and the assignee. This assignment may specify other terms and conditions besides the transfer of rights, such as compensation or royalties for the assignor. Regardless of the type of Assignment of Rights in Invention Prior to Execution of Application, it is crucial to ensure that all parties involved fully understand the implications of the assignment. Proper legal advice should be obtained to ensure that both the assignor and assignee are protected and that the transfer of rights is carried out effectively. Keywords: North Dakota, Assignment of Rights, Invention, Execution of Application, patent application, assignor, assignee, voluntary assignment, employer-employee assignment, contractual assignment.
