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Contract of alienation of a right

The developer of a computer program is entitled to transfer the exclusive rights thereto to a third party either under a contract of alienation of rights, or under a contract of author's order. The difference between these two types of transaction is that a contract of author's order stipulates transfer of an intellectual property object to be developed, while the exclusive rights to already developed software can be transferred under a contract of alienation.

Registration of a contract of alienation

A contract of alienation of a computer program should be registered with Rospatent if  this computer program has been duly registered. If a computer program has not been registered according to the established procedure, then a contract of alienation needs not to be registered.

It is to be noted that the right of authorship is not alienable and belongs to the developer of a computer program from the time of its development. A contract of alienation stipulates transfer of the exclusive property right to use software for commercial purposes or otherwise.

In order to have a contract of alienation of the right to a computer program registered, one should submit:

  • a request to Rospatent accompanied with the contract of alienation of exclusive rights;
  • a document attesting payment of the prescribed state fee;

Specialists of our Patent Bureau are ready to provide skilled assistance to you in drafting and registering a contract of alienation of right to software. We have extensive experiences in finding solutions to tasks of any complexity in the field of patent law and in successful cooperation with the Rospatent units.