How to buy or sell a patent

National legislation of the Russian Federation and international acts allow the transfer of rights to any object of industrial property - utility models, industrial designs, inventions. The procedure for the transaction and its registration in Russia is stipulated by the Civil Code of the Russian Federation. Let us highlight the key requirements that must be met by the right holder and the entity that has made the decision to buy a patent:

• individuals and enterprises, including those registered or residing abroad, may be parties to the transaction;
• an assignment agreement must be drawn up for sale - this document must be in writing;
• transfer of rights to the invention will take place only after registration through the patent services - in Russia, this is the FIPS (Federal Institute of Industrial Property).

The only obligatory condition of an assignment agreement is the definition of the subject matter of the transaction. All other provisions and clauses may be agreed upon by the parties themselves.

Based on the content of exclusive rights and legislative rules, the following items should be specified in the assignment agreement:

• information about the place and date of the contract;
• personal or registration data of the parties, as well as their representatives;
• the subject matter of the contract - information on the invention, the registry number and details of the patent;
• Amount, procedure and form of remuneration, e.g. lump-sum payment, staggered payment or royalties on the use of the technology;
• types and amount of liability for violation of the deal;
• signatures of the parties or their representatives.

The list of other clauses of the assignment agreement is not limited by law, as the parties are free to make transactions.

The amount of remuneration for the assignment of rights is also determined by the parties themselves. For this you can contact an independent appraiser or use the services of patent attorneys. In our company you can receive a full range of services for transactions involving industrial property. We will help you to draw up contracts correctly, represent your interests in the registration in the FIPS, provide services for the settlement of disputes between the parties.