In Vol. 11/2012 of Euro|Biotech|News (European Biotechnology News), Manuel Söldenwagner and Dr. Matthias Dill show several options for a start-up company for ensuring that IP is owned by the start-up firm, not any third party such as Universities or (other) research organizations.
When the founder of the start-up firm owns the IP prior to founding the company as a legal entity, then transfer is comparatively easy. In contrast, when the IP is owned by third parties such as universities or (other) research organizations, the transfer is often more complicated, in particular due to partly exhausting negotiations. In the first part of the publication, several options that ensure that the interests of the start-up firm, but also the interests of the transferring party are met are described. The second part of the publication deals with necessary and recommended parts of a patent transfer agreement and the (subsequent) registration of the transfer with the respective competent registers.