Legal advice on the transfer of ownership or change of ownership of the patent
Ask ABM, Agenzia Brevetti e Marchi [Agency for Patents and Trademarks], for the agreements consulting service.
The patent, design, utility model and trademark can be used by the owner or by third parties authorised by the owner. To this end, the holder of the patent right may assign the right itself through a deed of transfer of ownershipwithwhich it confers all the rights and obligations arising from sole rights to the third party, on payment of a fee.
This deed is then transcribed with the competent authorities so that third parties are informed of the change of ownership of the patent, design, utility model or trademark. Alternatively, the owner may decide to keep ownership, but confer use to third parties through the so-called licence agreement.
In essence, the owner subcontracts legal use, obtaining periodic revenue through fixed charges or fees proportional to sales, commonly called Royalties. Licence agreements can be very varied and the conditions of the agreement can be freely agreed between the parties, in principle, thus being adapted to each unique case.