Utility Patent Application

UTILITY PATENT APPLICATION

Applicant Name:   Applicant Address:

Inventor Name(s):   Inventor Address(es):

Title of Invention:

Related/Priority Application Number (if any):   Priority Date:

RECITALS

WHEREAS, Applicant is desirous of filing a utility patent application to obtain patent protection for the invention entitled as set forth above; and

WHEREAS, Inventor represents that Inventor is the original and first inventor of the subject matter disclosed herein and has the right to execute the necessary declarations and assignments in furtherance of filing and prosecuting the application; and

WHEREAS, Applicant and Inventor desire to set forth the terms under which Applicant will prepare, file, and prosecute the utility patent application and related documents.

NOW, THEREFORE

The parties agree as follows:

1. DEFINITIONS

In this Application, unless the context otherwise requires, the following terms shall have the following meanings: "Application" means the utility patent application described herein, including the specification, claims, abstract, drawings, and any amendments or continuations filed in connection therewith. "Inventor" means the individual(s) identified above who are the original inventors of the claimed subject matter. "Applicant" means the entity or individual identified above seeking to obtain patent rights.

2. APPLICATION CONTENT

Applicant shall prepare and file a complete non-provisional utility patent application containing the following parts. Applicant and Inventor shall cooperate to provide truthful, complete, and timely information.

3. INVENTOR DECLARATION AND OATH

Inventor hereby declares that the statements made in the Application are true and that Inventor believes themselves to be the original inventor or an original inventor of the subject matter claimed. Inventor affirms under penalty of perjury that the disclosure was made by the Inventor and that Inventor will execute any necessary declaration, oath, or verification required for filing the Application.

Yes

4. ASSIGNMENT AND OWNERSHIP

Inventor hereby assigns and agrees to assign to Applicant, to the extent such right, title and interest is or may be vested in Inventor, all right, title and interest in and to the Application and any resulting patent along with the right to prosecute and maintain the patent. Inventor warrants that there are no other agreements or encumbrances that would materially affect the rights assigned herein.

5. POWER OF ATTORNEY AND PROSECUTION

Applicant grants authority to the named attorney or agent to prepare, file, amend, and prosecute the Application before the patent examining authority and to make decisions deemed reasonably necessary for prosecution, including agreeing to examiner amendments, filing continuations, and responding to office actions, subject to Applicant's reasonable instructions.

6. DUTY TO DISCLOSE AND COOPERATION

Inventor and Applicant acknowledge the ongoing duty to disclose to the prosecuting attorney and the patent office any information known to be material to patentability, including prior art and relevant prior uses. Inventor agrees to promptly provide all information and execute all documents required to comply with such duties and to enable the proper prosecution of the Application.

7. FEES, COSTS AND PAYMENT

Applicant shall be responsible for payment of all filing fees, official fees, attorney fees, and disbursements associated with the preparation, filing and prosecution of the Application unless otherwise agreed in writing. Applicant represents that it will timely pay all required fees to avoid abandonment.

8. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full power and authority to enter into this Application and that the information provided is true, complete, and correct to the best of its knowledge. Inventor warrants that to the best of Inventor's knowledge no other person has a right to claim inventorship of the claimed subject matter.

9. NOTICES

All notices under this Application shall be in writing and delivered to the addresses indicated below or to such other address as a party may designate by written notice.

10. AMENDMENTS; WAIVER

No amendment, modification or waiver of any provision of this Application shall be effective unless in writing and executed by the party to be charged. The failure of any party to enforce any provision of this Application shall not constitute a waiver of future enforcement of that or any other provision.

11. COUNTERPARTS

This Application may be executed in two or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be deemed originals for all purposes.

12. GOVERNING LAW

This Application shall be governed by and construed in accordance with the laws of the jurisdiction specified below without regard to its conflicts of law principles.

13. ENTIRE AGREEMENT

This Application, together with any written schedules and attachments executed contemporaneously, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether oral or written.

14. SEVERABILITY

If any provision of this Application is held to be invalid or unenforceable, the remainder of this Application shall remain in full force and effect and shall be construed so as to best effectuate the parties' intent.

15. MISCELLANEOUS PROVISIONS

The parties agree to execute and deliver such further documents and do such further acts as may be reasonably required to carry out the provisions of this Application, including but not limited to assignments, declarations, and patent prosecution-related instruments.

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