Joint Development Agreement Versus Joint Venture
If there is no agreement between the parties, all inventors who contribute to a single patent claim have a presumption of ownership of the entire patent. If cooperation is simple and development efforts are minimal, the parties can use standard licensing agreements and commands. If the parties plan to set up a current business and make significant investments, the creation of a separate joint venture may be the best way to proceed. However, in many cases, a joint development or cooperation agreement offers the right framework – the definition of a set of rules tailored to the relationship, without the surhead and complexity of a separate joint venture. This prime minister describes the main points of the contract that are common in JDAs and aims to provide points for consideration and checklist of points that the lawyer must take into account when preparing and negotiating a JDA, including intellectual property rights arising from development work. . . .