Patent Application Assignment Agreement (Australia)
This Patent Application Assignment Agreement is for use in Australia. Patent inventors have the right to transfer their interest in a patent but also have the right to transfer their rights in a patent application. This form is designed to assist in drafting the transfer of an application for a patent and is available for immediate download.
In addition to having the right to transfer one’s interest in a patent, inventors also have the right to transfer their rights in the patent application itself. An assignment of the application must be in writing, registered and signed by both parties in order to become effective. When the application is validly assigned and recorded, the patent will be issued to the assignee upon approval of the application.
Among others, this form includes the following provisions:
Among others, this form includes the following provisions:
- Assignment
- Payment
- Assignor’s Warranties and Representations
- General Instructions
- General Information
- Patent Application Assignment Agreement for Australia
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Patent Application Assignment Agreement
(Australia)
THIS AGREEMENT is made this day of , 20 , by and between (“Assignor”) whose business address is and (“Assignee”, and collectively, the “Parties”) whose address is .
WHEREAS, Assignor is has invented (Brief description of invention) (the “Invention”), disclosed in an application for Australian Letters Patent (the “Patent Application”) identified below.
WHEREAS, Assignee wishes to acquire all right, title and interest in the Patent Application, and Assignor wishes to sell its interest in the Patent Application to Assignee.
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
1. Patent Application. The Patent Application can be identified by:
[ ] (if this Agreement is executed after Patent Application is submitted to IP Australia)
Patent application number
[ ] (if this Agreement is executed concurrent to or subsequent to the execution of the Patent Application, but before the Patent Application is filed)
Date of execution of Patent Application
Name(s) of inventor(s)
Name of invention
2. Assignment. Assignor hereby assigns to Assignee, its successors, representatives and assigns, all right, title and interest in the Patent Application and in all divisions, renewals and continuations thereof, and in all letters patent granted thereon, including all re-examinations, extensions and reissues thereof. Assignor hereby requests the Comptroller General of Patents of Australia to issue all Letters Patent granted pursuant to the Patent Application to Assignee, its successors, representatives and assigns.
3. Payment. In consideration of the assignment of the Patent Application pursuant to this Agreement, and of the promises and covenants contained herein, Assignee shall pay to Assignor a fee in the amount of Australian Dollars (AUD___________), payable as follows: .
4. Assignor’s Representations and Warranties. Assignor hereby represents and warrants that it has the legal right and authority to execute this Agreement, and to validly assign the entire interest in the Patent Application to Assignee. Assignor further represents and warrants that it has not executed any other agreement that would conflict with the terms of this Agreement, nor shall it execute any such agreement in the future.
5. Further Actions. Assignor hereby agrees to execute any further agreements and to take any further actions necessary to aid Assignee in perfecting its interest in the Patent Application, and in any letters patent granted thereon, and in enforcing any and all protections or privileges deriving from the Patent Application or from said letters patent.
6. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ___________________, without regard to conflicts of law principles.
7. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
8. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
9. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
If to Assignor:
If to Assignee:
10. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
11. Entire Agreement. This Agreement constitutes the entire agreement between Assignor and Assignee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
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ASSIGNOR
Signature
Print Name
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ASSIGNEE
Signature
Print Name
|
Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33741
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Patent Application Assignment Agreement
(Australia)
THIS AGREEMENT is made this day of , 20 , by and between (“Assignor”) whose business address is and (“Assignee”, and collectively, the “Parties”) whose address is .
WHEREAS, Assignor is has invented (Brief description of invention) (the “Invention”), disclosed in an application for Australian Letters Patent (the “Patent Application”) identified below.
WHEREAS, Assignee wishes to acquire all right, title and interest in the Patent Application, and Assignor wishes to sell its interest in the Patent Application to Assignee.
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
1. Patent Application. The Patent Application can be identified by:
[ ] (if this Agreement is executed after Patent Application is submitted to IP Australia)
Patent application number
[ ] (if this Agreement is executed concurrent to or subsequent to the execution of the Patent Application, but before the Patent Application is filed)
Date of execution of Patent Application
Name(s) of inventor(s)
Name of invention
2. Assignment. Assignor hereby assigns to Assignee, its successors, representatives and assigns, all right, title and interest in the Patent Application and in all divisions, renewals and continuations thereof, and in all letters patent granted thereon, including all re-examinations, extensions and reissues thereof. Assignor hereby requests the Comptroller General of Patents of Australia to issue all Letters Patent granted pursuant to the Patent Application to Assignee, its successors, representatives and assigns.
3. Payment. In consideration of the assignment of the Patent Application pursuant to this Agreement, and of the promises and covenants contained herein, Assignee shall pay to Assignor a fee in the amount of Australian Dollars (AUD___________), payable as follows: .
4. Assignor’s Representations and Warranties. Assignor hereby represents and warrants that it has the legal right and authority to execute this Agreement, and to validly assign the entire interest in the Patent Application to Assignee. Assignor further represents and warrants that it has not executed any other agreement that would conflict with the terms of this Agreement, nor shall it execute any such agreement in the future.
5. Further Actions. Assignor hereby agrees to execute any further agreements and to take any further actions necessary to aid Assignee in perfecting its interest in the Patent Application, and in any letters patent granted thereon, and in enforcing any and all protections or privileges deriving from the Patent Application or from said letters patent.
6. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ___________________, without regard to conflicts of law principles.
7. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
8. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
9. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
If to Assignor:
If to Assignee:
10. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
11. Entire Agreement. This Agreement constitutes the entire agreement between Assignor and Assignee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
|
ASSIGNOR
Signature
Print Name
|
ASSIGNEE
Signature
Print Name
|
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Customer Reviews
Average Rating:
Reviews: 2
H L -
San Jose,
CA
Thank you for your excellent services. My legal documment worked out fine. I was able to edit the form to my needs.
G L -
Palm Desert,
CA
Found it to be very useful in organizing my thoughts in relation to a potential patent assignment, and liked the way in which it could be modified to suit particular needs and circumstances.
