The Assignment Of Invention Agreement is a crucial legal document used in the Netherlands when an inventor needs to transfer their rights in an invention to another party, typically their employer or a company. This agreement is particularly important in the context of Dutch employment relationships and research collaborations, where clear ownership of intellectual property rights is essential. The document must comply with Dutch patent law, particularly the Dutch Patents Act 1995, which has specific provisions regarding employee inventions and fair compensation. The agreement covers the complete transfer of all rights related to the invention, including patent rights, technical knowledge, and future improvements. It's commonly used when new inventions are developed, during M&A transactions, or in research partnerships, and requires careful attention to Dutch legal requirements regarding invention assignments and employee rights.
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1. Parties: Identification of the assignor (inventor) and assignee, including full legal names and addresses
2. Background: Context of the invention and the relationship between the parties (e.g., employment relationship, independent invention)
3. Definitions: Key terms used in the agreement, including 'Invention', 'Intellectual Property Rights', 'Technical Information', and 'Effective Date'
4. Subject Matter of Assignment: Clear identification and description of the invention(s) being assigned
5. Assignment and Transfer: Legal language effecting the transfer of rights, including present and future rights
6. Consideration: Description of payment or other consideration for the assignment
7. Representations and Warranties: Assignor's warranties regarding ownership, right to assign, and non-infringement
8. Further Assurances: Obligations to execute additional documents and assist with patent applications
9. Confidentiality: Obligations regarding confidential information related to the invention
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
11. Entire Agreement: Standard integration clause confirming this document represents the complete agreement
1. Employee Acknowledgments: Required when the inventor is an employee, addressing statutory rights under Dutch employment law
2. Revenue Sharing: Optional provisions for sharing future revenues from the invention
3. Prior Rights: When needed to address any pre-existing rights or licenses
4. Third Party Rights: When the invention involves or affects rights of third parties
5. Publication Rights: When relevant for academic or research institutions
6. Competition Restrictions: Non-compete provisions related to the invention (subject to Dutch law restrictions)
7. Improvements: Provisions dealing with future improvements to the invention
8. Export Control: Required when the invention may be subject to export control regulations
1. Schedule 1: Technical Description: Detailed technical description of the invention, including any drawings or diagrams
2. Schedule 2: Patent Applications: List of any existing patent applications or patents related to the invention
3. Schedule 3: Prior Rights: Documentation of any existing rights, licenses, or encumbrances
4. Schedule 4: Consideration Details: Detailed breakdown of payment terms or other consideration
5. Schedule 5: Required Formalities: List of specific documents and actions required for patent registration
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