The Patent Transfer Agreement is a crucial legal instrument used when transferring ownership of patents in Indonesia. This document is essential when a patent owner (whether an individual inventor, company, or institution) wishes to sell or transfer their patent rights to another party. The agreement must comply with Indonesian patent law, particularly Law No. 13 of 2016 on Patents, and includes comprehensive details about the patent(s) being transferred, consideration, warranties, and registration requirements. It's commonly used in corporate acquisitions, technology transfers, company restructuring, or when monetizing intellectual property assets. The document ensures proper documentation for Indonesian Patent Office registration and addresses specific requirements under Indonesian law regarding technology transfer and intellectual property rights. This agreement is particularly important as it creates a permanent record of the transfer and helps prevent future ownership disputes.
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1. Parties: Identification of the transferor and transferee, including complete legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the patent(s), and purpose of the transfer
3. Definitions: Defined terms used throughout the agreement, including technical terms related to the patent(s)
4. Subject Matter of Transfer: Detailed description of the patent(s) being transferred, including registration numbers and jurisdictions
5. Transfer and Assignment: Core provisions effecting the transfer of all rights, title, and interest in the patent(s)
6. Consideration: Details of the payment or other consideration for the transfer
7. Completion: Transfer completion process, including timing and registration requirements
8. Transferor's Warranties: Warranties regarding ownership, validity, and non-infringement of the patent(s)
9. Registration and Recordal: Obligations regarding registration of the transfer with the Indonesian Patent Office
10. Confidentiality: Provisions regarding confidential information disclosed during the transfer process
11. Further Assurance: Obligations to execute additional documents and take necessary steps to perfect the transfer
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Tax Provisions: Specific provisions regarding tax implications and responsibilities - include when transfer has significant tax implications
2. Foreign Investment Compliance: Additional provisions required when one party is foreign - include for international transfers
3. Know-How Transfer: Provisions regarding transfer of associated know-how - include when technical knowledge transfer is part of the deal
4. Existing Licenses: Provisions dealing with existing licenses - include when patent has existing licensees
5. Employee Obligations: Provisions regarding employee inventors - include when inventors are still employed by transferor
6. Improvement Rights: Provisions regarding rights to future improvements - include when ongoing development is expected
7. Technology Transfer Provisions: Specific provisions required under Indonesian technology transfer regulations - include for complex technology patents
1. Patent Details: Detailed technical description and specifications of the patent(s) being transferred
2. Form of Patent Assignment: Standard form for recording the transfer with the Indonesian Patent Office
3. Payment Schedule: If payment is in installments, detailed payment terms and conditions
4. Existing Licenses: List and details of any existing licenses granted under the patent(s)
5. Related Know-How: Description of any associated know-how being transferred
6. Encumbrances: List of any existing encumbrances or restrictions on the patent(s)
7. Required Governmental Approvals: List of required regulatory approvals and compliance requirements
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