The term “Assignee” refers to a person to whom some right, interest, or title to property is transferred. In Patent law, the term Assignment refers to transfer of patent rights and such transfer of patent rights is often permanent.
According to Section2 [Definitions and interpretation]of Indian Patent Act, the assignment of patent refers to the transfer of patent rights by the patent holder (assignor) to another person (assignee). The term Assignee also includes:
- The assignee of the assignee; and
- The legal representative of a deceased assignee.
After death of the assignee, its legal representatives are also called as assignee.
Illustration
Rahul is a student doing research in a University and has an invention to be patented. As per policy of the University, the ownership of all Intellectual Property generated by the students belongs to the University. In such a case, Rahul has to assign his rights on the invention to the University. Rahul becomes “assignor” and University is “Assignee”. However, if the University (assignee) further assigns its patent right to a company, such company becomes assignee and University becomes assignor. Company can also be called as assignee of the assignee
Assignment is used in the following instances:
- At the time of filing patent application where inventor often assigns the invention to the applicant. However, assignment may happen any time before or after grant of the patent;
- During acquisition / merging, assignment of patent might take place where one company assigns patent (s) to the other company; and
- When a patent is commercialized, the licensee or buyer of such patent might want full or partial assignment of the patent.
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