Patent Application Document

Patent Application Document

Applicant Name:   Applicant Address:

Recitals

WHEREAS, Applicant is the original inventor or lawful owner of the invention described herein and desires to prepare, file and prosecute a patent application to obtain patent rights in the United States and/or foreign jurisdictions; and

WHEREAS, Representative is engaged to prepare, file and prosecute such patent application(s), to perform related patent prosecution and administrative services, and to act on Applicant's behalf as agent or attorney-in-fact solely to the extent specified in this document; and

WHEREAS, the parties desire to set forth their respective rights, obligations, payment terms and assignment of invention rights in connection with the prosecution and maintenance of the patent application(s) described below.

Scope of Work

Application Details

Application Title:

Provisional    Non‑provisional (Utility)    PCT / International

Proposed Filing Date:   Priority Claim(s) (if any):

Drawings included:   Sequence listing included:

Assignment of Rights and Invention Ownership

Applicant hereby represents and warrants that Applicant is the sole inventor or has the lawful right to file this application and to assign rights as necessary. By executing below, Applicant assigns and conveys to Assignee the entire right, title and interest in and to the invention described in this application, including any provisional or priority rights, to the extent permitted by applicable law, subject to the express terms set forth in any separate assignment instrument.

Applicant represents that no third-party assignments, liens, prior agreements or encumbrances exist that would impair the rights being assigned, except as disclosed herein:

Payment Terms

Late fee for overdue payments:   or flat fee:

Applicant is responsible for payment of official filing fees, foreign filing fees, translation costs and other third-party disbursements unless otherwise agreed in writing. Representative may suspend work or abandon prosecution if undisputed invoices are not timely paid after written notice.

Term and Termination

Term Commencement Date:   Expected Termination or Project End Date:

Either party may terminate this Agreement for material breach by the other party upon thirty (30) days' written notice specifying the breach and giving the breaching party an opportunity to cure. Termination shall not relieve Applicant of payment obligations for services rendered or disbursements incurred prior to termination.

Confidentiality

Each party shall keep confidential all non-public information disclosed by the other party in connection with this Agreement and shall not disclose such information to third parties except to the extent necessary for prosecution of the application, to legal counsel, patent offices, or as required by law. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party or that the receiving party can demonstrate was independently developed.

The obligations of confidentiality shall survive termination of this Agreement for a period of five (5) years, except that trade secrets shall remain protected for as long as they qualify as trade secrets under applicable law.

Representations, Warranties and Indemnification

Applicant represents and warrants that Applicant is the lawful owner or authorized representative of the invention and has full authority to assign rights and to execute this Agreement. Applicant shall indemnify and hold Representative harmless from any claims, costs or liabilities arising from false representations regarding inventorship, ownership, or encumbrances, except to the extent such claims arise from Representative's gross negligence or willful misconduct.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state specified by the parties below, without regard to choice-of-law principles that would apply the laws of another jurisdiction.

Entire Agreement

This Agreement, including any exhibits or separate written assignment instruments executed contemporaneously, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements. No modification or waiver shall be effective unless in writing and signed by both parties.

Acknowledgements and Certifications

Applicant certifies under penalty of law that the information provided in this document and in any accompanying disclosures is true, complete and accurate to the best of Applicant's knowledge. Applicant authorizes Representative to file necessary documents and to take such actions as are reasonably necessary to prosecute the application consistent with Applicant's instructions and this Agreement.

Specification (detailed description)    Claims    Drawings    Assignment or inventor declarations

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth in this document or to such other address as either party may designate by written notice to the other. Notice by email is permitted provided that a non-electronic confirmation copy is sent if requested by the recipient.

Sign Now