Tratamentul juridic al cesiunii unui brevet de invenţie anulat ulterior contractării
Legal treatment of the assignment of an invention patent canceled after contracting

Summary/Abstract: This article aims to analyze the fate of the assignment concluded in exchange for a sum of money, concerning a patent that was later canceled, after the contract was signed. We will prove that such a contract is, in principle, not aleatory, in the sense that the assignee does not usually assume the risk of the patent being cancelled. We will also show the reasons why such a contract is not void for absolute nullity, based on Art. 1.659 of the Civil Code or based on Art. 1.226 of the Civil Code. Finally, we will demonstrate that such a contract is, in principle, valid, allowing the assignee to apply to the assignor the specific sanctions for the non-performance of the obligation of warranty against hidden defects. In the event that the assignee contracted in an excusable ignorance of the situation, then he may obtain the annulment of the assignment, for defects of consent.

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