Legal Patent Application

LEGAL PATENT APPLICATION

This Patent Application (the "Application") is made as of by and between Applicant Name: with principal address at , and Inventor Name: with principal address at (collectively, the "Parties").

RECITALS

WHEREAS, Applicant desires to file for patent protection for an invention conceived and reduced to practice by Inventor described herein as (the "Invention");

WHEREAS, Inventor represents that Inventor is the original and sole inventor of the Invention and is capable of assigning full right, title and interest in the patent rights to Applicant or Applicant's designee; and

WHEREAS, the Parties desire to set forth their respective rights, duties and obligations in connection with the preparation, filing, prosecution, maintenance and enforcement of patent applications and patents covering the Invention.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Application: "Prosecution" means all communications with any patent authority including filing, examination, responses to office actions, appeals and oppositions; "Claims" means the numbered statements defining the scope of patent protection sought; "Priority Application" means any earlier-filed application from which priority is claimed.

2. APPLICATION CONTENT AND ATTACHMENTS

Applicant instructs that the Application shall include the following materials prepared or approved by Inventor: an abstract, a full written description, one or more claims and a listing of drawings. Provide an abstract below and attach a full description and claims as required.

3. PATENT TYPE AND PRIORITY

The Parties elect to pursue: Utility patent    Design patent    Plant patent.

If priority is claimed to an earlier filing, provide details: Priority Application Number: Filing Date: Country/Jurisdiction:

4. TITLE, ASSIGNMENT AND OWNERSHIP

Inventor hereby assigns and agrees to assign to Applicant, and Applicant accepts, all right, title and interest in and to the Invention and in any patent or patent application filed in any jurisdiction relating thereto, subject to the terms of this Application. Effective Date of Assignment: .

Applicant shall be recorded as the assignee on any application to the extent permitted by applicable patent authority rules and shall have the right to prosecute and maintain the Application and any resulting patent.

5. PREPARATION, FILING AND PROSECUTION

The Parties agree that prosecution of the Application shall be conducted by Applicant or by Applicant's authorized patent counsel or agent. Appointment of Agent/Attorney: Bar/Reg. No.: .

Inventor shall promptly disclose to Applicant all information known to Inventor that is material to patentability, including prior art and experimental results. Inventor shall execute all documents reasonably necessary to effect filing, prosecution and assignment.

6. FEES, COSTS AND PAYMENT

Applicant shall be primarily responsible for all filing, prosecution, maintenance and enforcement fees unless otherwise agreed. If Parties agree otherwise, specify responsible party and terms below.

7. REPRESENTATIONS AND WARRANTIES

Inventor represents and warrants that: (a) Inventor is the original inventor of the Invention; (b) to Inventor's knowledge the Invention is not subject to any prior assignment, lien or encumbrance that would impair Applicant's rights; (c) Inventor has full power and authority to assign the Invention as provided herein.

8. COOPERATION AND FURTHER ASSURANCES

Following filing, Inventor shall cooperate fully and execute any affidavits, declarations, assignments, powers of attorney and other documents reasonably requested by Applicant or its counsel to prosecute and maintain the Application and any resulting patent.

9. INDEMNIFICATION

Each Party shall indemnify and hold harmless the other Party from and against any losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of any breach of such Party's representations, warranties or obligations under this Application.

10. NOTICES

All notices, requests, consents and other communications required or permitted hereunder shall be in writing and delivered to the addresses set forth below (or to such other address as a Party may designate by notice).

11. AMENDMENTS, WAIVER AND COUNTERPARTS

This Application may be amended only by a written instrument signed by both Parties. No waiver of any provision of this Application shall be effective unless in writing and signed by the Party against whom enforcement of the waiver is sought. This Application may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

12. GOVERNING LAW

This Application shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of law principles.

13. ENTIRE AGREEMENT

This Application constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties pertaining to such subject matter.

14. SEVERABILITY

If any provision of this Application is held to be invalid, illegal or unenforceable in any respect under any applicable law, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Application shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

15. MISCELLANEOUS

The Parties acknowledge that execution of this Application creates obligations enforceable at law. Headings are for convenience only and shall not affect interpretation. The obligations of the Parties that by their nature survive termination of this Application shall so survive.

Sign Now