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Joint Patent Ownership Agreement Template for Philippines

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Key Requirements PROMPT example:

Joint Patent Ownership Agreement

"I need a Joint Patent Ownership Agreement under Philippine law for a collaboration between our pharmaceutical company and a local university, with specific provisions for commercialization rights and revenue sharing from potential drug developments."

Document background
A Joint Patent Ownership Agreement is essential when multiple parties contribute to an invention and need to formalize their rights and responsibilities regarding the resulting patent(s). This document becomes necessary in scenarios such as collaborative research projects, joint ventures, or when multiple inventors from different organizations are involved in creating patentable innovations. The agreement, governed by Philippine law, particularly the Intellectual Property Code (RA 8293), establishes clear guidelines for patent management, including prosecution, maintenance, enforcement, commercialization, and revenue sharing. It helps prevent future disputes by clearly defining each party's rights and obligations, decision-making processes, and procedures for handling patent-related matters. This type of agreement is particularly crucial in the Philippine context, where technology transfer and intellectual property protection are governed by specific regulatory requirements and must comply with local IP office guidelines.
Suggested Sections

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement, including the origin of the patent(s) and the parties' relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Patent Rights: Specification of the patent(s) covered by the agreement, including application numbers or granted patent numbers

5. Ownership Rights: Declaration of ownership shares and rights of each party

6. Management of Patent Rights: Procedures for making decisions about patent prosecution, maintenance, and enforcement

7. Costs and Expenses: Allocation of costs related to patent prosecution, maintenance, and enforcement

8. Commercialization Rights: Rights and procedures for commercial exploitation of the patent

9. Revenue Sharing: Distribution of revenues from patent exploitation

10. Confidentiality: Obligations regarding confidential information shared between parties

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Dispute Resolution: Procedures for resolving disputes between parties

13. Governing Law: Specification of Philippine law as governing law and jurisdiction

14. General Provisions: Standard legal provisions including notices, amendments, and severability

Optional Sections

1. Technology Transfer Provisions: Required when the patent involves technology transfer that needs to be registered with Philippine authorities

2. Foreign Filing Rights: Include when parties plan to file patents in other jurisdictions

3. Existing Licenses: Required when there are pre-existing licenses affecting the patent

4. Competition Compliance: Include when the joint ownership might raise competition law concerns

5. Government Rights: Required when the patent resulted from government-funded research

6. Employee Obligations: Include when specific employees need access to or involvement with the patent

7. Export Control: Required for patents involving technology subject to export control regulations

8. Improvements: Include when parties anticipate developing improvements to the patented technology

Suggested Schedules

1. Schedule A - Patent Details: Technical details of the patent(s), including specifications and claims

2. Schedule B - Ownership Percentages: Detailed breakdown of ownership shares and calculations

3. Schedule C - Cost Allocation: Detailed procedures for sharing and paying patent-related costs

4. Schedule D - Commercialization Procedures: Detailed procedures for commercialization decisions and implementation

5. Schedule E - Revenue Distribution: Detailed revenue sharing calculations and procedures

6. Schedule F - Management Procedures: Detailed procedures for joint management of the patent

7. Schedule G - Authorized Representatives: List of authorized representatives for each party

8. Appendix 1 - Patent Documentation: Copies of patent applications or granted patents

9. Appendix 2 - Prior Agreements: Copies of any relevant prior agreements between the parties

Authors

Alex Denne

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

Relevant legal definitions
































Clauses






























Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Electronics

Chemical Industry

Healthcare

Telecommunications

Automotive

Energy

Agriculture

Software Development

Research & Development

Defense Technology

Green Technology

Relevant Teams

Legal

Research and Development

Intellectual Property

Technology Transfer

Innovation

Business Development

Scientific Affairs

Corporate Development

Patent Administration

Regulatory Affairs

Relevant Roles

Chief Technology Officer

Intellectual Property Manager

Research Director

Patent Attorney

Legal Counsel

R&D Manager

Innovation Director

Technology Transfer Officer

Chief Legal Officer

Business Development Manager

Licensing Manager

Research Scientist

Patent Administrator

Corporate Counsel

Chief Scientific Officer

Commercialization Manager

Industries








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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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