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Transferring Invention Rights: Effective and Enforceable Contracts , a comprehensive treatise, provides practical guidance to general contract law specifically geared to intellectual property, licenses, assignments, and other invention-related transactions.
Written by Jerome Rosenstock, a patent lawyer with more than 30 years of experience and author of several widely-used treatises on patent law, this innovative guide takes a systematic, step-by-step approach to drafting agreements for the transfer of invention rights. In eleven, easy-to-follow chapters, Rosenstock explains:
• How deals involving the transfer of patent, trade secret, and other invention rights are constructed, analyzing clause-by-clause the rationale for the existing conditions
• How the language of the contract has been litigated, with detailed case examples to illustrate key points
• How to best construct your own agreements using alternate language supplied by the author
Transferring Invention Rights provides the fastest, most efficient way for intellectual property specialists to get quickly up to speed on the principles of contract law. In addition to providing a primer on the definition and types of contracts and difference between express and implied contracts, you'll find in-depth analysis of the various types of contracts and clauses used in patent transfer and assignment transactions. From defining the offer, to acceptance of the contract, consideration, and contractual transfer, to breach and remedies, every topic is covered in depth.
• Transferring Invention Rights: Contract Defined
• Transferring Invention Rights: Offer Defined
• Consideration in the Transfer of Invention Rights
• Types of Invention Right Transfer
• Contract Interpretation
• Conditions and Excuses of Performance
• Remedies and Discharge