Discuss transfer of Patent Rights in the form of Assignment. [#09]

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IPR & Cyber Laws
(Question Bank)
[Unit – III]

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Assignment:
• Assignment, as defined in Black's Law Dictionary, means the
transfer by a party of all of its rights or interest in the property.
• In case of intangible property like a patent, the transfer is made
through an agreement to this effect.
Assignment Vs. License:
The difference between Assignment and License:
1) A License merely confers a personal privilege to do some
particular act(s) which the licensee can perform. There is no
transfer of interest in license.
2) On the contrary, assignment means the transfer of interest in the
patent: whole or in part of the patent rights, e.g., for the whole
of India or a part thereof.
Assignee:
• The person in whose favor a right has been assigned is the assignee
and the person who assigns the right (patentee himself or his
agent) is the assignor.
• In case an assignment has been made in favor of a person who has
since died, the term assignee would denote the legal
representative that is the person who in law represents the estate
of the deceased person.
• Where assignment is made in favor of two or more persons, they
become owners of such interest in the patent.