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Publicado en Abr 11, 2021

Research Collaboration Agreement Intellectual Property

While, as a general rule, only employees of the Institute are considered inventors, the institute owns the invention. If only the employees of the company are considered inventors, the company owns the invention. However, if at least one employee of the establishment and one employee of the company are named as inventors, the invention is jointly owned by the institution and the company. Whether the patent application is located in a country of first research or in a first country, it is important to address the issue of patent ownership in a well-written collaborative research agreement. However, patent rights are just as important as patent ownership. For information provided by one of the parties before or outside the scope of the Agreement, you may find it useful to use the terms usually contained in a confidentiality or confidentiality agreement. Like any confidentiality agreement, these clauses should set a time limit for the information to remain confidential. Typically, these deadlines are between two and five years after the end of the cooperation or from the date the information is generated. If the parties have a confidentiality or confidentiality agreement signed earlier, this document may simply be mentioned in the cooperation seeking agreement or the cooperation seeking agreement may indicate that it replaces the confidentiality agreement.

In the development of this section of a community research agreement, the parties must cooperate closely. Other parts of a collaborative research agreement can first be developed by a technology transfer agent and/or an IP manager, and then exchanged between partners for verification, observations and negotiation. However, cooperating researchers should establish a first draft working declaration themselves, which can then be processed by the technology transfer manager. This is because cooperating scientists are the ones who really understand the complexity of what needs to be done, and it is the scientists who must fully embrace the developed plan. In a first-to-file country, the rules for determining actual inventiveness are different. As in a country of first discovery, ownership follows inventiveness. Therefore, the first applicant is the inventor and the owner. It is obviously important to understand the rules of the country where the patent application takes place. It should be remembered, however, that if the new ENOR/TP PERIOD is to be protected in the United States (and other first-discovery countries), regardless of where the research takes place, the rules of the first invention apply to all patent applications.

Let us take the following examples from two objectives of real agreements: each of the objectives of the job description should be followed by a description of the methods and approaches to be used to resolve the relevant scientific issues.