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ASSIGNMENT
DR. SUCHITA BHOVAR
▪ An assignment means transfer of interest in the patent by the patentee to another person in whole or in part valid over entire or a part of India.
Assignment ▪ There are two types of people assignee
and assignor. ▪ Assignee means the person whom the rights in patent to assign and assignor is the person who assign the rights. ▪ Legal Assignment: When the assignor assigns the right in a patent through an agreement duly registered, the assignment is called a legal assignment There are three kinds of ▪ and the assignee’s name will be entered in the Register of Patents assignment maintained by the Patent Office as the proprietor of the patent. ▪ The legal assignee have all the rights. ▪ When the patentee agrees to give another person certain defined right in the patent with immediate effect, by a document (e.g. a letter), and not by an agreement, the assignment is termed as an equitable assignment. Equitable ▪ However, such an assignment cannot be. Assignment: registered in the Register of Patents. ▪ The assignee have the rights to change equitable assignment to legal assignment by getting the document in writing and getting it duly registered. ▪When the patentee transfers the patent rights either wholly or in part to the mortgagee to secure a specified sum of money, such assignment is Mortgage: called mortgage. ▪The patentee can get the patent re-transferred on refund of the consideration money.