In accordance with M&A transactions, it is usual to also assign IP rights like patents. According to § 15 section 1 Patent Act, inventors or companies can assign their patents in a limited of unlimited form to third parties. The limitation of a patent assignment can refer to time limits or regional boundaries. With the unlimited assignment, the owner hands over all rights at the patent and its use.

Our in-house patent attorneys support our clients with the formulation of the respective assignment regulations. Hereby, mistakes, which could lead to problems with the later on assignment and enforcement of the property rights, can be avoided. From our experience we advise a separate agreement for the assignment of the property rights and to leave it out of the complex M&A contract. One of the reasons is the possible translation of the complete assignment contract for transcribing the patent in some countries. The other reason is that the contract would be accessible for everyone via the register.

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