cancellation of patent assignment

Dear sir


I am an assignee of a patent application made by the assignor. As per the MOU, I had to incorporate a company and to pay the first instalment and after that, on mutual terms, had to execute sharholder agreement (SHA) with the assignor whereby sharing the percentage of holding in the company. Theerafter I had to pay 2 instalment within 3 months of that SHA. The assignor also has to provide working model of said patent and to provide training to employees of the company.

I paid 1 instalment and then 2 instalment within 1-2 months but since assignor did not come to negotiate neither provide working model and to impart training to employees I couldn't execute SHA.

Now assignor wants injunction on my manufacturing and also wants his patent back.

I worked on the model and now has started manufacturing.

I am ready to give him shares but he has to pay me for delay due to unavailability of working model and want of training to employees.

Can he succeed?


You are not clear in your question.   You have not mentioned that if either party has violated the terms of agreement or breached the contract.  What is the relief you are expecting from the assignor or what is he expecting from you ?, There are laws to enforce the contract under specific performance of contract or you can seek relief under specific relief act provided your agreement is legal and registered and valid in the eyes of law, take the help of a local lawyer and proceed as per his advise.



I would suggest, have bilateral talk and if assigner has not supported with relevant know how and in technology transfer, please re-define terms for both parties benefits.



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