Patent Assignment Agreement (Australia)

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Patent Assignment Agreement for use in all states and territories in Australia.

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This kit includes tools and guidelines for preparing an assignment of an Australian patent.

A patent is a legal device that protects inventors, prohibiting other persons from producing or profiting from their inventions for a defined period of time. While the patent owner holds certain exclusive rights to make and market the invention, the owner is entitled to transfer those rights to another party by way of an assignment.

Included in this kit is a sample agreement setting forth the terms of an assignment of a patent application, as well as a basic introduction to patent law.

Among others, this form includes the following provisions:
  • Assignment
  • Payment
  • Assignor’s Representations and Warranties
  • Further Actions
  • Governing Law
  • Notice
Law Compliance: This form complies with the state and territory laws of 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 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 business address is                                             .
 
WHEREAS, Licensor is has invented    (Brief description of invention)    (the “Invention”), and has been granted Australian Letters Patent for said invention, Patent No.              (the “Patent”), granted on the patent application filed with the Australian Patent Office, Patent Application Number               (the “Patent Application”).
 
WHEREAS, Assignee wishes to acquire all right, title and interest in the Patent, and Assignor wishes to sell its interest in the Patent 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.     Assignment.  Assignor hereby assigns to Assignee, and its successors, representatives and assigns, all right, title and interest in the Patent including all re-examinations, extensions and reissues thereof.  Assignor hereby requests the Australian Patent Office to record this assignment of all right, title and interest in the Patent to Assignee.
 
2.     Payment.  In consideration of the assignment of the Patent pursuant to this Agreement, and of the promises and covenants contained herein, Assignee shall pay to Assignor a fee in the amount of A$            , payable as follows:                                                                                       .
 
3.     Assignors 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 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.
 
4.   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 and in enforcing any and all protections or privileges deriving from the Patent.
 
5.   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.
 
6.   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.
 
7.   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.
 
8.   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:         
      
      
      
 
9.   Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
 
10.   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
 
 
 
Number of Pages8
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33545
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 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 business address is                                             .
 
WHEREAS, Licensor is has invented    (Brief description of invention)    (the “Invention”), and has been granted Australian Letters Patent for said invention, Patent No.              (the “Patent”), granted on the patent application filed with the Australian Patent Office, Patent Application Number               (the “Patent Application”).
 
WHEREAS, Assignee wishes to acquire all right, title and interest in the Patent, and Assignor wishes to sell its interest in the Patent 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.     Assignment.  Assignor hereby assigns to Assignee, and its successors, representatives and assigns, all right, title and interest in the Patent including all re-examinations, extensions and reissues thereof.  Assignor hereby requests the Australian Patent Office to record this assignment of all right, title and interest in the Patent to Assignee.
 
2.     Payment.  In consideration of the assignment of the Patent pursuant to this Agreement, and of the promises and covenants contained herein, Assignee shall pay to Assignor a fee in the amount of A$            , payable as follows:                                                                                       .
 
3.     Assignors 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 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.
 
4.   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 and in enforcing any and all protections or privileges deriving from the Patent.
 
5.   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.
 
6.   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.
 
7.   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.
 
8.   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:         
      
      
      
 
9.   Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
 
10.   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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Reviews: 2


San Jose,

CA

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Thank you for your excellent services. My legal documment worked out fine. I was able to edit the form to my needs.


Palm Desert,

CA

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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.


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