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Assignment Of Invention Agreement

Assignment Of Invention Agreement Template for Netherlands

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Assignment Of Invention Agreement

"I need an Assignment of Invention Agreement under Dutch law for a new battery technology developed by our senior engineer, with the agreement taking effect from March 1, 2025, and including provisions for future improvements and revenue sharing."

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Document background
The Assignment Of Invention Agreement is a crucial legal document used in the Netherlands when an inventor needs to transfer their rights in an invention to another party, typically their employer or a company. This agreement is particularly important in the context of Dutch employment relationships and research collaborations, where clear ownership of intellectual property rights is essential. The document must comply with Dutch patent law, particularly the Dutch Patents Act 1995, which has specific provisions regarding employee inventions and fair compensation. The agreement covers the complete transfer of all rights related to the invention, including patent rights, technical knowledge, and future improvements. It's commonly used when new inventions are developed, during M&A transactions, or in research partnerships, and requires careful attention to Dutch legal requirements regarding invention assignments and employee rights.
Suggested Sections

1. Parties: Identification of the assignor (inventor) and assignee, including full legal names and addresses

2. Background: Context of the invention and the relationship between the parties (e.g., employment relationship, independent invention)

3. Definitions: Key terms used in the agreement, including 'Invention', 'Intellectual Property Rights', 'Technical Information', and 'Effective Date'

4. Subject Matter of Assignment: Clear identification and description of the invention(s) being assigned

5. Assignment and Transfer: Legal language effecting the transfer of rights, including present and future rights

6. Consideration: Description of payment or other consideration for the assignment

7. Representations and Warranties: Assignor's warranties regarding ownership, right to assign, and non-infringement

8. Further Assurances: Obligations to execute additional documents and assist with patent applications

9. Confidentiality: Obligations regarding confidential information related to the invention

10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

11. Entire Agreement: Standard integration clause confirming this document represents the complete agreement

Optional Sections

1. Employee Acknowledgments: Required when the inventor is an employee, addressing statutory rights under Dutch employment law

2. Revenue Sharing: Optional provisions for sharing future revenues from the invention

3. Prior Rights: When needed to address any pre-existing rights or licenses

4. Third Party Rights: When the invention involves or affects rights of third parties

5. Publication Rights: When relevant for academic or research institutions

6. Competition Restrictions: Non-compete provisions related to the invention (subject to Dutch law restrictions)

7. Improvements: Provisions dealing with future improvements to the invention

8. Export Control: Required when the invention may be subject to export control regulations

Suggested Schedules

1. Schedule 1: Technical Description: Detailed technical description of the invention, including any drawings or diagrams

2. Schedule 2: Patent Applications: List of any existing patent applications or patents related to the invention

3. Schedule 3: Prior Rights: Documentation of any existing rights, licenses, or encumbrances

4. Schedule 4: Consideration Details: Detailed breakdown of payment terms or other consideration

5. Schedule 5: Required Formalities: List of specific documents and actions required for patent registration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Chemical Industry

Electronics

Automotive

Aerospace

Medical Devices

Research & Development

Academic Institutions

Software Development

Clean Energy

Telecommunications

Industrial Engineering

Relevant Teams

Legal

Research & Development

Intellectual Property

Human Resources

Executive Leadership

Innovation

Product Development

Patent Administration

Technology Transfer

Corporate Development

Relevant Roles

Research Scientist

Development Engineer

Patent Attorney

Legal Counsel

IP Manager

R&D Director

Chief Technology Officer

Innovation Manager

Laboratory Manager

Product Development Manager

Technical Director

Research Professor

Senior Engineer

Intellectual Property Specialist

HR Director

CEO

Managing Director

Technology Transfer Officer

Industries
Dutch Civil Code (Burgerlijk Wetboek): Provides the fundamental framework for contract law in the Netherlands, including requirements for valid contracts, transfer of rights, and general obligations between parties
Dutch Patents Act 1995 (Rijksoctrooiwet): Governs patent rights and inventions in the Netherlands, particularly Article 12 which deals with employee inventions and the rights of employers and employees
Dutch Copyright Act (Auteurswet): While primarily focused on copyright, it may be relevant for inventions that include software or technical documentation
Dutch Works Councils Act (Wet op de ondernemingsraden): May be relevant if the invention assignment policy affects a substantial group of employees, requiring works council consultation
EU Directive 2016/943 on Trade Secrets: Provides framework for protecting confidential information and trade secrets related to inventions
General Data Protection Regulation (GDPR): Relevant when personal data of inventors needs to be processed as part of the invention assignment process
Dutch Employment Law (Title 10, Book 7 of the Civil Code): Contains provisions regarding employment relationships and employee rights, including those related to intellectual property created during employment
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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