South Carolina Pending Patent Assignment Agreement

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                             This is an agreement which effectively assigns a patent holder's rights in a pending patent
                             to another party. A pending patent is where an inventor has filed a patent application, but
                             the patent has not yet been granted. The agreement sets forth the specific terms and
                             conditions of the assignment including the identities of the assignor and assignee, a
                             description of the patent application and payment details. It is necessary to memorialize
                             this transaction in written form and to record it with the United States Patent and Trademark
                             Office in order to prevent any future litigation or disagreements. This document should be
                             used by an individual or company located in South Carolina that wishes to assign or
                             acquire rights in an invention where the patent is still pending.
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                     PENDING PATENT ASSIGNMENT AGREEMENT

THIS PENDING PATENT ASSIGNMENT AGREEMENT (hereinafter referred to as
“Agreement”) made on this _____ [Month] ____ [Date], 20___, by and between
______________________ [Instruction: Insert the name of patent holder], located at
___________________________________________ [Instruction: Insert the address of patent
holder] (hereinafter referred to as the “Assignor”), and ___________________ [Instruction:
Insert the name of an individual or entity desiring to obtain the patent license], a company
organized and existing under the laws of the South Carolina, located at
___________________________ [Instruction: Insert the address of entity/individual]
(hereinafter referred to as the “Assignee”). The Assignor and the Assignee may be referred to
individually as the “Party” and collectively as the “Parties” to this Agreement.

NOW, THEREFORE, in consideration of the payments set out in this Agreement, the Assignor
has authorized the Assignee to use the patent on the terms and conditions contained herein
(“Assignment”).

1. Definition:

   Pending Patent: Pending Patent means that inventor has either filed a Provisional
   application or a complete application for a patent, which is not yet been granted.

2. Patent Description:

   On _____ [Month] ____ [Date], 20___, the Assignor filed for a Provisional Patent
   application with USPTO:

   Patent Title                                : _____________________________

   Patent Application Serial Number            : _____________________________

   and the inventions set forth and described in that Application (“Invention”), and described as
   follows:

   [Instruction: Insert the Description of Invention]

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________________________________________




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not              2
3. Assignment:

   Pursuant to and for the consideration set out in the clause below, the Assignor hereby vests,
   transfers and assigns to the Assignee, absolutely with full title guarantee, all its right, title,
   interest, claim and demand in and to the Patent Pending application including :

   a) the right to claim priority from and to prosecute and obtain grant of patent; and

   b) the right to file divisional applications based thereon and to prosecute and obtain grant of
      patent on such divisional application;

   c) in respect of Invention, the right to file an application, claim priority from such
      application, and prosecute and obtain grant of patent or similar protection in or in respect
      of any country or territory in the world;

   d) the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain
      relief (and to retain any damages recovered) in respect of any infringement, or any other
      cause of action arising from ownership of any of the patents or any patents granted on
      any of the patent applications filed as aforesaid, whether occurring before, on or after the
      date of this assignment.

4. Payment:

   In consideration for the assignment of the patents, Inventions and improvements hereunder,
   the Assignor shall receive the following compensation:

   A flat fee of ________ ($___) [Instruction: Insert the amount, e.g., twenty thousand
   dollars ($20,000) as full payment for all rights granted. Payment shall be made upon
  
				
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Description: This is an agreement which effectively assigns a patent holder's rights in a pending patent to another party. A pending patent is where an inventor has filed a patent application, but the patent has not yet been granted. The agreement sets forth the specific terms and conditions of the assignment including the identities of the assignor and assignee, a description of the patent application and payment details. It is necessary to memorialize this transaction in written form and to record it with the United States Patent and Trademark Office in order to prevent any future litigation or disagreements. This document should be used by an individual or company located in South Carolina that wishes to assign or acquire rights in an invention where the patent is still pending.
This document is also part of a package Essential South Carolina Legal Documents 145 Documents Included