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Discuss transfer of Patent Rights in the form of Assignment.
SOLUTION:
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:
- 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.
- 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.
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