The Study of The Contract of Assignment of Patent

Nowadays, the concept of intellectual property rights has found striking importance in commercial interactions and plays an important role in economic development of countries. New contractual frameworks for transactions have been developed for these assets whereof the “agreement of patent assignment” is a shining example. Since the nature of patent is a independent category of rights with its own effects and characteristics, patent assignment agreement is not possible to justify it based on any specified agreement. Permanent and unconditional property transferring is its main distinguishing feature with other emerging agreement forms in technology fields. Based on this, the contract of assignment of patent should be regarded as a undefined and independent agreement which falls into the domain of article 10 of civil code which as well as general conditions mentioned in article 190 of civil code, contains specific regulations and conditions. This specific essence makes particular obligations for both parties and presents specific issues in dissolving such contract which requires comprehensive legal analysis. This article is going to analyze and clarify all aspects of such agreement.