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Contract of alienation

The patent holder may transfer his/her exclusive right to an innovation to a third party under a contract of alienation of rights. Such a contract may be concluded only in respect of a registered and valid patent.

As from the time of conclusion of such a contract, the patent owner:

  • is deprived of the whole set of the rights in full;
  • the possibility of recovering them does not exist;
  • he/she may not influence use of his/her innovation.

In essence, alienation of rights to a patent is a contract of purchase and sale of exclusive rights to an intellectual property object. The patent holder receives a compensation in an amount to be agreed upon by the parties to the contract for the exclusive rights to the patent transferred.

 State registration of a contract with the federal service for intellectual property

In order to execute a contract of alienation, it should be duly registered with Rospatent.

It is recommended that the follow-up of the state registration should be conducted by specialists skilled in the field of patent law. Also, it is important to pay great attention to wordings, accuracy of the essential provisions of the contract, correctness of a description of the patent, etc. The person acquiring a patent must check whether the patent is encumbered by rights of third parties at that time, whether any licenses have been granted for it, etc.

The following is required for the state registration:

  • a duly completed request to Rospatent;
  • the respective contract of alienation of rights;
  • a payment document certifying payment of the state fee.

Upon registration of transfer of the exclusive rights to a patent, Rospatent will enter information on the new patent holder into the State Register.

Skilled specialists of our Bureau are ready to provide you with legal assistance in any stage of conclusion and state registration of a contract of alienation of rights to a patent.