Understanding a deed of assignment for intellectual property
A deed of transfer is used to change the ownership of intellectual property, a common occurrence in business. Explore how and when to use one.
Find out more about intellectual property basics
by Brette Sember, J.D.
Brette Sember, J.D., practiced law in New York, including divorce, mediation, family law, adoption, probate and estat...
Updated on: January 22, 2024 · 3min read
Understanding intellectual property in business
How to transfer intellectual property rights in business, what to include in a deed of assignment, registering new ownership, restrictions on intellectual property transfers.
Most companies have intellectual property as part of their assets, including software, product design, or copyright to white papers. Buying or selling such property is done using a document called a deed of assignment.
A large part of what a business consists of may be tied to intellectual property . It's easy to see physical property a company owns, such as a building, office furniture, or inventory, but intellectual property can be more challenging to identify.
Most businesses have intellectual property, or works created by human minds or, in some cases, by computers. Some examples of intellectual property include architectural drawings, ad campaigns, company or product names, inventions, and source code.
Examples of when transfers of intellectual property might happen include when a company is buying another company, when you are setting up an LLC and want to transfer your intellectual property into the company, or when a business buys product rights from another company or individual.
A deed of assignment can be done in one transaction, instead of one transaction for each item of intellectual property, by transferring all ownership rights of all intellectual property detailed in the deed. The document is signed by both the buyer and seller. No payment is required for it to be valid.
A deed of assignment must be in writing and should include:
- The names and addresses of the assignor and assignee
- A description of the program or product for which the rights are being transferred
- A statement that all intellectual property rights to the property are being transferred
- Signatures of the parties and the date of the agreement execution
The deed could also include the following sections, where applicable:
- Consideration, or payment, to be made to the original owner.
- Warranties, or promises that the intellectual property rights being assigned don't infringe on anyone else's intellectual property rights . For example, in a deed regarding the transfer of a copyright, this section could state that the copyrighted work is original and not owned by someone else.
- Indemnification, or promise by the seller to reimburse the assignee if there is some problem with title to the property.
- Future assignments. For example, the agreement could be ongoing, so that anything the assignor creates in the future for this product or program is also transferred to the buyer.
Although a deed of assignment transfers ownership in intellectual property , it does not change the registration of the ownership. The assignee is responsible for handling all registration requirements.
For example, if a patent is transferred via a deed of assignment, the new owner must record the change in ownership with the U.S. Patent and Trademark Office. Similarly, the transfer of a copyright is recorded with the U.S. Copyright Office.
Transfers of intellectual property must comply with U.S. laws. One obvious caveat is that you can't transfer property you don't own. Transfers must also comply with antitrust laws, which are set up to prevent one company from completely dominating an industry.
If intellectual property rights are being transferred overseas, the transfer must comply with Export Administration Regulations and the International Traffic in Arms Regulations , which are designed to protect national security and trade.
The deed of assignment can be a crucial part of a business deal or transaction. You can create a deed of assignment yourself, or you can work with an attorney .
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Patent Assignment: How to Transfer Ownership of a Patent
By Michael K. Henry, Ph.D.
- Intellectual Property
- Patent Prosecution
This is the second in a two-part blog series on owning and transferring the rights to a patent. ( Read part one here. )
As we discussed in the first post in this series, patent owners enjoy important legal and commercial benefits: They have the right to exclude others from making, selling, using or importing the claimed invention, and to claim damages from anyone who infringes their patent.
However, a business entity can own a patent only if the inventors have assigned the patent rights to the business entity. So if your employees are creating valuable IP on behalf of your company, it’s important to get the patent assignment right, to ensure that your business is the patent owner.
In this post, we’ll take a closer look at what a patent assignment even is — and the best practices for approaching the process. But remember, assignment (or transfer of ownership) is a function of state law, so there might be some variation by state in how all this gets treated.
What Is a Patent Assignment and Why Does it Matter?
A patent assignment is an agreement where one entity (the “assignor”) transfers all or part of their right, title and interest in a patent or application to another entity (the “assignee”).
In simpler terms, the assignee receives the original owner’s interest and gains the exclusive rights to pursue patent protection (through filing and prosecuting patent applications), and also to license and enforce the patent.
Ideally, your business should own its patents if it wants to enjoy the benefits of the patent rights. But under U.S. law , only an inventor or an assignee can own a patent — and businesses cannot be listed as an inventor. Accordingly, patent assignment is the legal mechanism that transfers ownership from the inventor to your business.
Patent Assignment vs. Licensing
Keep in mind that an assignment is different from a license. The difference is analogous to selling versus renting a house.
In a license agreement, the patent owner (the “licensor”) gives another entity (the “licensee”) permission to use the patented technology, while the patent owner retains ownership. Like a property rental, a patent license contemplates an ongoing relationship between the licensor and licensee.
In a patent assignment, the original owner permanently transfers its ownership to another entity. Like a property sale, a patent assignment is a permanent transfer of legal rights.
U sing Employment Agreements to Transfer Patent Ownership
Before your employees begin developing IP, implement strong hiring policies that ensure your IP rights will be legally enforceable in future.
If you’re bringing on a new employee, have them sign an employment agreement that establishes up front what IP the company owns — typically, anything the employee invents while under your employment. This part of an employment agreement is often presented as a self-contained document, and referred to as a “Pre-Invention Assignment Agreement” (PIAA).
The employment agreement should include the following provisions:
- Advance assignment of any IP created while employed by your company, or using your company’s resources
- An obligation to disclose any IP created while employed by your company, or using your company’s resources
- An ongoing obligation to provide necessary information and execute documents related to the IP they created while employed, even after their employment ends
- An obligation not to disclose confidential information to third parties, including when the employee moves on to a new employer
To track the IP your employees create, encourage your employees to document their contributions by completing invention disclosure records .
But the paperwork can be quite involved, which is why your employment policies should also include incentives to create and disclose valuable IP .
Drafting Agreements for Non-Employees
Some of the innovators working for your business might not have a formal employer-employee relationship with the business. If you don’t make the appropriate arrangements beforehand, this could complicate patent assignments. Keep an eye out for the following staffing arrangements:
- Independent contractors: Some inventors may be self-employed, or they may be employed by one of your service providers.
- Joint collaborators: Some inventors may be employed by, say, a subsidiary or service company instead of your company.
- Anyone who did work through an educational institution : For example, Ph.D. candidates may not be employees of either their sponsoring institution or your company.
In these cases, you can still draft contractor or collaborator agreements using the same terms outlined above. Make sure the individual innovator signs it before beginning any work on behalf of your company.
O btaining Written Assignments for New Patent Applications
In addition to getting signed employment agreements, you should also get a written assignments for each new patent application when it’s filed, in order to memorialize ownership of the specific patent property.
Don’t rely exclusively on the employment agreement to prove ownership:
- The employment agreement might contain confidential terms, so you don’t want to record them with the patent office
- Because employment agreements are executed before beginning the process of developing the invention, they won’t clearly establish what specific patent applications are being assigned
While you can execute the formal assignment for each patent application after the application has been filed, an inventor or co-inventor who no longer works for the company might refuse to execute the assignment.
As such, we recommend executing the assignment before filing, to show ownership as of the filing date and avoid complications (like getting signatures from estranged inventors).
How to Execute a Written Patent Agreement
Well-executed invention assignments should:
- Be in writing: Oral agreements to assign patent rights are typically not enforceable in the United States
- Clearly identify all parties: Include the names, addresses, and relationship of the assignor(s) and assignee
- Clearly identify the patent being assigned: State the patent or patent application number, title, inventors, and filing date
- Be signed by the assignors
- Be notarized : If notarization isn’t possible, have one or two witnesses attest to the signatures
Recording a Patent Assignment With the USPTO
Without a recorded assignment with the U.S. patent office, someone else could claim ownership of the issued patent, and you could even lose your rights in the issued patent in some cases.
So the patent owner (the Assignee) should should record the assignment through the USPTO’s Assignment Recordation Branch . They can use the Electronic Patent Assignment System (EPAS) to file a Recordation Cover Sheet along with a copy of the actual patent assignment agreement.
They should submit this paperwork within three months of the assignment’s date. If it’s recorded electronically, the USPTO won’t charge a recordation fee .
Need to check who owns a patent? The USPTO website publicly lists all information about a patent’s current and previous assignments.
When Would I Need to Execute a New Assignment for a Related Application?
You’ll need only one patent assignment per patent application, unless new matter is introduced in a new filing (e.g., in a continuation-in-part , or in a non-provisional application that adds new matter to a provisional application ). In that case, you’ll need an additional assignment to cover the new matter — even if it was developed by the same inventors.
What If an Investor Won’t Sign the Written Assignment?
If you can’t get an inventor to sign an invention assignment, you can still move forward with a patent application — but you’ll need to document your ownership. To document ownership, you can often rely on an employee agreement , company policy , invention disclosure , or other employment-related documentation.
D o I Need to Record My Assignments in Foreign Countries?
Most assignments transfer all rights, title, and interest in all patent rights throughout the world.
But in some countries, the assignment might not be legally effective until the assignment has been recorded in that country — meaning that the assignee can’t enforce the patent rights, or claim damages for any infringement that takes place before the recordation.
And there might be additional formal requirements that aren’t typically required in the United States. For example, some countries might require a transfer between companies to be signed by both parties, and must contain one or both parties’ addresses.
If you’re assigning patents issued by a foreign country, consult a patent attorney in that country to find out what’s required to properly document the transfer of ownership.
N eed Help With Your Patent Assignments?
Crafting robust assignment agreements is essential to ensuring the proper transfer of patent ownership. An experienced patent professional can help you to prepare legally enforceable documentation.
Henry Patent Law Firm has worked with tech businesses of all sizes to execute patent assignments — contact us now to learn more.
GOT A QUESTION? Whether you want to know more about the patent process or think we might be a good fit for your needs – we’d love to hear from you!
Michael K. Henry, Ph.D.
Michael K. Henry, Ph.D., is a principal and the firm’s founding member. He specializes in creating comprehensive, growth-oriented IP strategies for early-stage tech companies.
10 Jan 2024
Geothermal Energy: An Overview of the Patent Landscape
By Michael Henry
Don't miss a new article. Henry Patent Law's Patent Law News + Insights blog is designed to help people like you build smart, scalable patent strategies that protect your intellectual property as your business grows. Subscribe to receive email updates every time we publish a new article — don't miss out on key tips to help your business be more successful.
Deed of Assignment (for Intellectual Property)
In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights. The deed typically requires specific legal formalities, sometimes notarization, to ensure it is legally enforceable.
To be legally effective a deed of assignment must contain:
- Title of the Document : It should clearly be labeled as a "Deed of Assignment" to identify the nature of the document.
- Date : The date on which the deed is executed should be clearly mentioned.
- Parties Involved : Full names and addresses of both the assignor (the party transferring the rights) and the assignee (the party receiving the rights). This identifies the parties to the agreement.
- Recitals : This section provides the background of the transaction. It typically includes details about the ownership of the assignor and the intention behind the assignment.
- Definition and Interpretation : Any terms used within the deed that have specific meanings should be clearly defined in this section.
- Description of the Property or Rights : A detailed description of the property or rights being assigned. For intellectual property, this would include details like patent numbers, trademark registrations , or descriptions of the copyrighted material.
- Terms of Assignment : This should include the extent of the rights being transferred, any conditions or limitations on the assignment, and any obligations the assignor or assignee must fulfill as part of the agreement.
- Warranties and Representations : The assignor typically makes certain warranties regarding their ownership of the property and the absence of encumbrances or third-party claims against it.
- Governing Law : The deed should specify which jurisdiction's laws govern the interpretation and enforcement of the agreement.
- Execution and Witnesses : The deed must be signed by both parties, and depending on jurisdictional requirements, it may also need to be witnessed and possibly notarized.
- Schedules or Annexures : If there are detailed lists or descriptions (like a list of patent numbers or property descriptions), these are often attached as schedules to the main body of the deed.
Letter of Assignment (for Trademarks and Patents)
This is a less formal document compared to the Deed of Assignment and is often used to record the assignment of rights or licensing of intellectual property on a temporary or limited basis. While it can outline the terms of the assignment, it may not be sufficient for the full transfer of legal title of IP rights. It's more commonly used in situations like assigning the rights to use a copyrighted work or a trademark license.
For example, company X allows company Y to use their trademark for specific products in a specific country for a specific period.
At the same time, company X can use a Letter of Assignment to transfer a trademark to someone. In this case, it will be similar to the Deed of Assignment.
Intellectual Property Sales Agreement
An IP Sales Agreement is a detailed contract that stipulates the terms and conditions of the sale of intellectual property. It covers aspects such as the specific rights being sold, payment terms, warranties regarding the ownership and validity of the IP, and any limitations or conditions on the use of the IP. This document is essential in transactions involving the sale of IP assets.
However, clients usually prefer to keep this document confidential and prepare special deeds of assignment or letter of assignment for different countries.
IP Transfer Declaration
In the context of intellectual property, a Declaration is often used to assert ownership or the originality of an IP asset. For example, inventors may use declarations in patent applications to declare their invention is original, or authors may use it to assert copyright ownership. It's a formal statement, sometimes required by IP offices or courts.
When assigning a trademark, the Declaration can be a valid document to function as a proof of the transfer. For example, a director of company X declares that the company had sold its Intellectual Property to company Y.
When companies or entities with significant IP assets merge, an IP Merger Document is used. This document outlines how the intellectual property owned by the merging entities will be combined or managed. It includes details about the transfer, integration, or handling of patents, copyrights, trademarks, and any other intellectual property affected by the merger.
In all these cases, the precise drafting of documents is critical to ensure that IP rights are adequately protected and transferred. Legal advice is often necessary to navigate the complexities of intellectual property laws.
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Assignments overview and pitfalls to beware!
03 December 2012
Many patents will see a change in ownership at some stage in their lives. Assignments are commonplace and occur for a variety of reasons; for example, in the context of a business sale where a buyer purchases all of the assets (including intellectual property assets) of a business from the vendor. Another is in the context of intra-group reorganisations.
Assignments can also occur as part of settlement of a dispute. This article outlines some of the pitfalls of which you should be aware when assigning patents; many of which can be averted by careful drafting of the assignment agreement.
Unless the assignment is intra-group, there will usually be some distance between what the assignee wants (typically, a variety of representations, warranties and indemnities in respect of the assigned rights) and what the assignor is prepared to give. This is a commercial decision and hence no two negotiated patent assignments will be identical.
Under English law, to be a valid contract there must be consideration which is either money or money's worth. This is often overlooked but a key point required for the assignment agreement to be legally binding. Whilst the acceptance of mutual obligations may suffice, it is simplest to have a sum of money (even if only for £1). An alternative is to execute the assignment as a deed, though there are specific formalities which must be followed for the agreement to be a deed. Of course, if the parties agree to nominal consideration (eg, £1), it is important that this small amount is actually paid to the assignor.
An assignment of a UK patent (or application) must be in writing and signed by the assignor. It used to be the case that an assignment of a UK patent (or application) would need to be signed by both parties, however the law was changed in 2005. In reality, both parties will usually sign the assignment agreement. Where one or both of the parties is an individual in their personal capacity or a foreign entity, special 'testimonial' provisions are required; for example the signature to the assignment may need to be witnessed.
English law distinguishes two types of assignment: legal and equitable. To assign the legal interest in something means that you have assigned simply the title to that property and not the right to exercise the rights inherent in it. This is the equitable (beneficial) interest and if this is not also assigned with the legal title, this can result in a split in ownership. Unless the parties specifically agree otherwise, legal and beneficial ownership should always be assigned together. It is possible to have co-assignees (ie, co-owners) but the terms of the co-ownership will need to be carefully considered.
It is possible to assign the right to bring proceedings for past infringements in the UK, but not in some other jurisdictions. Where non-UK rights are involved, local advice may be required as to whether such an assignment would be enforceable as against a prior infringer. This potential uncertainty makes a robust further assurance clause even more desirable (see below), to ensure the assignor's co-operation after completion of the assignment.
The assignee will also typically argue for (and the assignor will typically resist) a transfer with 'full title guarantee', as this implies as a matter of law certain covenants: that the assignor is entitled to sell the property; that the assignor will do all it reasonably can, at its own expense, to vest title to the property in the assignee; and that the property is free from various third party rights.
In terms of European patents (EP), it is important to remember that ownership of an EP application is determined under by the inventor/applicant's local law, rather than under European patent law. This means that a formal, written assignment agreement should be executed to ensure that the applicant is entitled to ownership of the patent application, for example in cases where the work undertaken was done by a consultant or where local law dictates that the owner is the inventor(s). An assignment should include assignment of the right to claim priority, as well as the right to the invention and any patent applications. This need to obtain an effective assignment of the application (and right to claim priority) is particularly important where a priority application has been made in the name of the inventor. If such an assignment is not executed before applications which claim priority from earlier cases (for example, PCT applications) are filed, the right to ownership and/or the right to claim priority may be lost.
Don't forget tax
Currently, there is no stamp duty payable on the assignment of intellectual property in the UK. However, particularly for assignments which include foreign intellectual property rights, there can be considerable tax implications in transferring ownership of intellectual property rights in some countries and it is always prudent to check that the transfer will not result in excessive tax liabilities for you.
Update the register
Registered rights need to be updated at the patent offices. You will need to decide who pays for this: in the case of one patent, it is a simple process, however in the case of a whole portfolio, the costs can be considerable. Remember, if you ever need to take any action on a patent you own, you need to ensure you are the registered owner of that right at the applicable office.
In the UK, assignments can be registered but there is no statutory requirement to do so. In the case of international assignments, local offices may require recordal of the assignment. In any event, it is desirable for an assignee to ensure that the transaction is recorded. Section 68 of the UK Patents Act provides that an assignee who does not register the assignment within six months runs the risk of not being able to claim costs or expenses in infringement proceedings for an infringement that occurred before registration of the assignment, although recent case-law has reduced this risk somewhat.
The assignee will typically take charge of recordals to the Patents Offices; however they will often need the assignor's help in doing so. A 'further assurance' clause is a key element of the assignment from an assignee's point of view both for this purpose and for assisting in the defence and enforcement of patents or applications for registration. On the other hand, the assignor will typically seek to qualify its further assurance covenant by limiting it to what the assignee may reasonably require, and that anything done should be at the assignee's expense. An assignor should also require that recordals are done promptly to minimise their future correspondence from patent offices.
In transactions which involve the transfer of patents in various countries, the parties can execute a global assignment which covers all the patents being transferred, or there can be separate assignments for each country. The former, global assignment, is usually preferred however this will frequently need to be supplemented by further confirmatory assignments in forms prescribed by the relevant international patent registries. As noted above, the preparation and execution of such assignments can be time-consuming and costly, hence the need to decide in advance who bears the cost of such recordals, and the assignee should insist on a further assurance provision.
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Patent Assignments in Employment Agreements – a Sometimes Overlooked, but Always Important Component
- November 16, 2021
By: Peter C. Lando and Thomas P. McNulty
By: Thomas McNulty and Peter Lando, with assistance from summer intern Tyler Gruttadauria
Businesses, of course, have a strong interest in owning intellectual property created by their employees. Intellectual property—patents, copyrights, and other confidential and proprietary information including trade secrets—is often the most valuable asset a business can own, so it is important to ensure that employee developments and inventions belong to the employer. In the United States, inventions presumptively belong to the inventor, and any transfer of ownership (“assignment”) must be in writing to be effective. Rather than requiring employees to sign assignment agreements for each patent application filing, employers sometimes rely on employment agreements and handbooks to establish ownership in intellectual property created by an employee. Employers often provide employment agreements with assignment clauses that are intended to give the employer rights in inventions made by the employee during the period of employment. These assignment clauses are often treated as mere boilerplate, yet the precise wording of these clauses can have major impacts on the effectiveness and limitations of any assignment.
Ensure that you have an Assignment and not a mere promise to assign
When drafting an agreement to have an employee assign future inventions, it is vital that the language used in an assignment clause states a present-tense, actual assignment. Phrases such as “hereby assign,” “agrees to grant and does hereby grant,” or that inventions “shall belong” to the employer and employee “hereby conveys, transfers and assigns” have been deemed by the courts to be effective to transfer ownership of a future invention without the need for any subsequent agreement. Ownership effectively transfers immediately, once the invention has been made. Assignment clauses that use future tense language, on the other hand, generally will require an additional agreement to result in a transfer of ownership of the invention, and any intellectual property (“IP”) covering the invention. Terms such as “will assign,” “agree to assign,” “will be assigned,” and the like, have been found by numerous courts to constitute nothing more than a promise or contract to assign an invention in the future, but not to serve as an actual assignment.
In addition to the wording used in the assignment clause, the language of any carve-outs should also be scrutinized. Agreements may contain a carve-out clause to exclude a new employee’s prior inventions from being assigned, or to prevent assignment of inventions unrelated to the employee’s work from being swept into the assignment provision. A broad, non-specific carve-out clause may prevent an employee agreement from automatically assigning inventions of that employee, even where the assignment clause includes the proper “hereby assign” type of language, because this leaves open the possibility that an invention is not subject to the assignment clause. This contrasting language may create an ambiguity in the employment agreement that subjects it to construction under state law, which in turn may allow for the employee to introduce extrinsic evidence, such as conversations that took place during employment negotiations, to defeat the automatic assignment. While patent assignment provisions are governed by Federal Circuit law, resolution of contractual ambiguities is governed by state law, which varies considerably regarding the admissibility of such extrinsic evidence.
Failure to obtain an automatic assignment can have negative consequences
An assignment clause that is deemed ineffective to automatically transfer ownership of an invention can create significant problems for an employer. In such circumstances, a business would not have standing to bring a patent infringement suit until it has taken the necessary steps to obtain a valid assignment. This may require the filing of a breach of contract claim against the employee to require fulfillment of the contractual obligations, including execution of assignment documents. In the interim, infringers could continue practicing the invention; and if the infringing activity has gone on long enough, the six-year statute of limitations may prohibit full recovery of damages. Further, if an inventor/employee has made only a promise to assign, and instead transfers ownership to a third party who lacks knowledge of the assignment obligation, that second transfer of ownership may well prevail, leaving the original employer with no exclusionary rights at all.
Ineffective assignment provisions can affect more than just litigation. Businesses and investors typically conduct IP due diligence when entering into transactions involving the investment in or sale of IP assets, company divisions or entire entities, and any weaknesses in assignment provisions may affect the perceived value of the IP assets and/or business being considered.
Do not count on the “Hired-to-Invent” doctrine to result in ownership of employee inventions
Some employers do not require employees to sign an agreement containing an assignment of inventions because they believe that they automatically own inventions that they paid someone to create. Under the “hired-to-invent” doctrine, this will only occasionally be correct. Employees or contractors hired (and paid) specifically to create a particular invention or to solve a particular problem may be deemed to have implicitly assigned their rights in the invention to the employer. This is a highly fact-based determination, however, and applies only to inventions created in response to the specific thing the employee was hired to do. A mere title of “researcher” or even “inventor” will not, standing alone, suffice to ensure ownership of inventions by the employer. Further, until a court has ruled one way or the other, an employer relying on this doctrine will not have any certainty in its rights to the invention. Should the court rule against the employer, it would lose the exclusionary rights it believed it possessed and may face an infringement lawsuit from the employee or anyone to whom the employee may have assigned the invention/patent rights.
Absent an effective assignment, an employer may obtain limited “shop rights” in inventions made using the employer’s time, materials, facilities or equipment. Shop rights take the form of an implied license to practice the invention, precluding the employee from obtaining damages or injunctive relief on a patented invention. Shop rights are limited, however, and do not allow the employer to prevent others from competing by practicing the invention. Further, shop rights cannot be transferred via license or assignment, effectively devaluing the IP assets and, perhaps, the company.
In addition to having the proper “hereby assign” language, employment contracts should ensure that inventions , rather than just patents or patent applications, are subject to the assignment clause. Language stating that all inventions, improvements, discoveries, and the like, whether or not patentable or copyrightable, are subject to the assignment, ensures that information that could be protected through other regimes, such as trade secrets, automatically become the property of the employer.
Intellectual property has taken on an ever-increasing role in determining the value of a business. A company’s ability to develop and protect its intellectual property is a key factor in its future success. Given this, it is important that businesses recognize that assignment provisions of employment agreements are not mere boilerplate, but instead may be one of the most important legal provisions that ultimately can impact not only an employment arrangement, but the value of the business itself.
- Peter C. Lando
- Thomas P. McNulty
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what is Patent Assignment Deed and its Advantages
It’s an agreement between Assignor and Assignee which explains the rights and conditions related to patent assigned property which means intellectual property of Assignor who is holding monopoly power towards that property. Under Indian law, its mandatory to register Patent Assignment Deed under Section 68 of the Patents Act, 1970 which giving Assignee absolute rights from date of execution of deed.
Kind of assignment deed:
- Legal assignment – in this Assignee may enter his name as patent owner.
- Equitable assignment – in this certain share is given to another person. Equitable Assignee can’t enter his name as owner but can register as having interest in the patent.
- Mortgage – in this patent right is partially or wholly transferred to obtain money. On repayment of money, mortgagor becomes entitle to register his name as owner.
A is the Assignor who got grant of patent for his invented product from Government of India willing to assign that to B’s company for loyalty in terms of share of 30% from every year earnings. And further it mentions the rights and duty of Assignor and Assignee under the legal agreement. This helps parties get relief in case of breach of contractual obligations.
Who is Assignor and Assignee?
Assignor is the person who is willing to transfer the title of patent and Assignee is the person who is willing to receive the title, interest and such other rights of patent from the Assignor by giving the required consideration.
What is the advantage of Patent Assignment Deed?
- It helps parties to understand their rights and duties with respect to the said Patent.
- Since all the provisions are written and mutually agreed upon by the parties it minimizes ambiguity. More so in case of any dispute arising between the parties it shall be resolved according to the dispute redressal clauses mentioned in the Deed.
- Formation of assignment deed gives legality and enforceability to the transfer of any Intellectual Property.
- An Assignment Deed is a prima facie evidence of contractual relationship between Assignor and Assignee.
What are general rights and duties of Assignor and Assignee under this deed?
- Assignor need an absolute title against the patented goods for transferring such rights to Assignee.
- Deed need to comply with all the essentials of contract in order to execute legally. If it violates public policy or does not have a lawful consideration, then such contract is void ab initio.
- Assignor can transfer his intellectual rights fully or conditionally to Assignee for the consideration. Consideration could be of monetary value forming a large sum or shared percentage from income or stocks exchange of the concerned parties.
- Assignee will get the monopoly right as Assignor assigns the patented goods. Henceforth, the Assignee steps into the shoes of the Assignor and by the virtue of the deed acquires an absolute right to use and enjoy the patented goods.
- Assignee has the right to get indemnified against any intervention/inconvenience caused while he is exercising his rights.
- Assignee can sue for damages caused to him by Assignor’s action, it maybe mistakes or voluntary negligence/disturbance or fraudulent activity in the deed.
- Assignee is obligated to pay the consideration mentioned if he fails to do so within a stipulated period of time. Assignor can bring a legal action for the recovery of consideration but cannot terminate the title already transferred.
- Assignee shall pay renewal and such other charges after the assignment. Prior to the assignment the Assignor needs to ensure that the title is free from any encumbrances.
Can the Assignment Deed be Terminated/Amended?
- This amendment mostly happens in equitable assignment deed. The deed must be registered before the Controller of Patent and in case of infringement or mutual consciousness the parties may mutually agree to amend any provision of the deed.
- Termination of the deed is unlikely as it’s irrevocable and permanent in nature. As assignment being transfer of title in a patent which is permanent. It may be terminated in case of mortgage assignment deed.
Akshay is a Language Enthusiast & an HNLU alumnus. He believes in simplicity & takes legal literacy very close to his heart.
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Akathist Hymn To St Matrona Of Moscow
Commemorated may 2.
Chosen by the Holy Spirit of God from thy swaddling clothes, blessed eldress Matrona, thou didst receive bodily infirmity and blindness from God for thy spiritual cleansing. Thou wast enriched with the gift of foresight and wonderworking, and hast been adorned with an incorruptible crown from the Lord. Wherefore in gratitude we on earth offer unto thee crowns wrought from praises, crying out:
Rejoice, righteous mother Matrona, fervent intercessor for us before God.
As an angel in the flesh didst thou appear on earth, blessed Matrona, fulfilling the will of God. Though born in bodily blindness, yet the Lord, Who maketh wise the blind and loveth the righteous, enlightened thy spiritual eyes, that thou mightest serve His people, and the works of God be made manifest through thee. Wherefore with love we cry unto thee such things as these:
Rejoice, chosen by God from infancy;
Rejoice, thou that wast covered by the grace of the Holy Spirit from thy cradle;
Rejoice, thou that from childhood wast enriched with the gift of miracles;
Rejoice, thou that wast filled with wisdom from God on high;
Rejoice, thou that didst foresee the will of God through spiritual eyes;
Rejoice, thou that puttest to shame the wise of this age that are blinded in mind;
Rejoice, thou that leadest deluded souls unto God;
Rejoice, thou that relievest from grief and from sorrow;
When thou wast baptised, blessed one, the people and the priest beheld a wonderful pillar like smoke above thy head, and smelled a strong fragrance. Astonished, they wondered what this maid was destined to be, whilst singing unto God: Alleluia.
Being enlightened in mind, the priest of God Vasily, discerned her whom he baptised to be a vessel of the grace of God, and called thee, righteous Matrona, a holy maiden. In our zeal we bring praises such as these:
Rejoice, thou that wast made fragrant in the holy font by the grace of the Holy Spirit;
Rejoice, for the sign of the cross was imprinted on thy chest;
Rejoice, thou prayerful one given to the people by God;
Rejoice, ever-burning candle, shining before the Lord;
Rejoice, thou that by the gift of miracles from God wast famed upon earth;
Rejoice, thou that by thine unfading crown art crowned by the Lord in heaven;
Rejoice, herald to sinners of the mercies of God;
Rejoice, thou that from the source of living water dost refresh the thirsty;
Thou didst feel the Power of God's grace whilst yet in infancy, blessed Matrona, stretching forth to the holy icons, and with a pure heart and infant lips proclaimed praise unto God: Alleluia.
Having from God the gift of foresight from infancy, blessed mother, thou knewest the most hidden things in the hearts of them coming to thee, telling the future like the present, and by this set many people on the path of righteousness. Whereby thou didst glorify God, making wise the blind, and we cry out to thee thus:
Rejoice, wondrous seer;
Rejoice, denouncer of hidden sins;
Rejoice, brightest teacher of darkened souls;
Rejoice, merciful guide of them that had gone astray;
Rejoice, star pointing the way to the faithful;
Rejoice, candle giving light in the darkness of this age;
Rejoice, thou that didst serve the one God;
Rejoice, for by the grace of the Holy Spirit thou didst trample down the wiles of the devil;
A storm of bewilderment and confusion in the people concerning thy miracles was dispelled, and them that were made wise by God, Who is wondrous in His saints, glorified and praised thee, and with thanksgiving sang unto God: Alleluia.
Hearing how thou givest help in sicknesses of spirit and body, mother Matrona, people came to thee with hope, and, receiving favourable counsel and healing, gave thanks to God and sang unto thee:
Rejoice, for thou receivest them of a diseased and suffering soul;
Rejoice, for thou bestowest peace upon grieving souls;
Rejoice, enlightener of them that were in delusions;
Rejoice, teacher of piety;
Rejoice, reliever of our sorrows;
Rejoice, consoler in griefs;
Rejoice, blessed unmercenary;
Rejoice, benevolent healer of divers ailments;
As a divinely moving star, blessed mother Matrona, thou didst shine forth in evil times in the land of Russia as a new confessor, and didst bear the yoke of Christ boldly and fearlessly throughout thy life; and strengthened by the grace of God, thou gavest enlightenment to the bewildered, relief to the suffering, and healing to the sick, who thankfully cried unto God: Alleluia.
Seeing miracles and healings given by thee through the grace of God - the lame walking, the paralytic and bedridden healed, evil spirits cast out of the possessed - many Russian people rushed to thee, mother, as to a source inexhaustible and drank from it profusely, and with tender heart cried out to thee thus:
Rejoice, called to the right path from infancy;
Rejoice, righteous one, bestowed upon us by God;
Rejoice, healer of our ailments;
Rejoice, speedy helper in our needs;
Rejoice, thou that enlightenest us through thine inspired advice;
Rejoice, quick resolver of our bewilderment;
Rejoice, thou that drivest away unclean spirits from the people;
Rejoice, thou that protectest from every evil by thy prayer;
Herald of the holiness and righteousness of thy life, blessed mother, the holy and righteous Father John of Kronstadt appeared to be when he saw thee in the church, and he called thee his heir and eighth pillar of Russia. And all that heard this glorified the Lord, proclaiming to Him: Alleluia.
Through thy prayers, mother Matrona, the light of God's grace shone in hearts of them having no knowledge of God and burdened by many sins which angered Him. And seeing the miracles performed by thee, they turned to the Lord, crying to thee in gratitude thus:
Rejoice, thou whose feats glorify God;
Rejoice, revealer to us of the glory of God;
Rejoice, guide of the faithless to the right path;
Rejoice, thou that cleansest by thy prayers those defiled by sins;
Rejoice, thou that callest us to repentance;
Rejoice, thou that dost admonish us to thank the Lord for all things;
Rejoice, thou who dost teach us to love the divine Church;
Rejoice, gatherer of the scattered sheep within the walls of the Church;
Wishing worthily to glorify the Most Holy Lady Theotokos, mother Matrona, thou didst order the people to have her depicted in the most honourable icon called "Seeker of the Perishing" and place it in God’s church in thy village, that all who look upon the bright face of the most pure one, might tenderly praise her, and to the Lord also cry out: Alleluia!
The Lord gave thee as a new protectress, prayerful mediator, and intercessor with God to the Russian people in the hard times when many forsook the holy Church; and thou, mother, by word and deed, didst set on the right path the fainthearted and deceived, revealing the wonderful miracles of God. Wherefore we hymn thee thus:
Rejoice, thou that dost feel ceaseless compassion for the country of Russia;
Rejoice, intercessor for our salvation;
Rejoice, thou that movest to compassion God the righteous Judge;
Rejoice, protectress of the diseased and wronged;
Rejoice, helper of the weak and desperate;
Rejoice, ceaseless warrior against the spirits of malice;
Rejoice, for at thee the demon chiefs do tremble;
Rejoice, for at thee angels and people rejoice;
Strange it was for the weak in faith and the unwise that, though born blind, thou couldest see and know not only the present, but also the future, for they knew not that the power of God is fulfilled in human weakness. And we, blessed mother, seeing the wisdom of God manifested in thee, cry out to God: Alleluia.
Many vexations and offences, exiles and reproaches didst thou bear, blessed mother, not complaining of these, but in all things thanking God. For these things and for teaching us each with patience to carry his cross, we praise thee thus:
Rejoice, thou that prayed without ceasing;
Rejoice, thou that drove away spiritual wickedness by fasting and prayer;
Rejoice, thou that hast gained graceful peace;
Rejoice, for by thy love many about thee were saved;
Rejoice, for thy life of service to many;
Rejoice, for after thy repose people are ever helped by thee;
Rejoice, for now thou fervently heedest our petitions;
Rejoice, thou that leavest not them that put their trust in thy care;
All manner of sorrows and diseases thou didst bear, mother Matrona, ever leading the struggle with the forces of darkness, denouncing their machinations and guile, and expelling demons from the possessed; and up to the end of thy days thou didst help them in sufferings, illnesses and grievings, ever singing unto God: Alleluia.
Eloquent orators are not able worthily to glorify thy holy life, nor the miracles wrought by thee through the power of God, most marvellous eldress. And we, wishing by hymns to praise God in His saints, and with heartfelt love inspired, dare to sing to thee thus:
Rejoice, thou that didst choose the narrow path and strait gates;
Rejoice, thou that shone by many virtues;
Rejoice, thou that didst reject all in life that is passing;
Rejoice, thou adorned with the precious crown of humility;
Rejoice, thou bird of heaven, that didst live the Gospel on earth;
Rejoice, thou that followed the Son of God Who had not where to lay His head;
Rejoice, thou rejoicing now in the mansions of paradise;
Rejoice, thou whose mercy is never failing to us sinners who pray to thee;
Wishing to save many people from bodily sufferings and spiritual sicknesses, thou didst stay all night in prayer, O righteous one of God, beseeching for them help and strengthening of our Lord Jesus Christ, singing to Him: Alleluia.
A rampart and protection wert thou in the days of thy life, blessed mother, to all who resorted to thee, and after death thou ceaselessly intercedest before God for the people who in faith run toward to thy tomb. Wherefore, hearken now unto us sinners, by sorrows, sickness and many griefs consumed, and hasten to help by thy prayers all that cry unto thee:
Rejoice, speedy intercessor for the distressed;
Rejoice, comforter of them bearing hardships;
Rejoice, guardian of worthy marriage;
Rejoice, pacifier of all that persist in strife;
Rejoice, defender of them brought unjustly to trial;
Rejoice, merciful advocate before God for those guilty before an earthly judgment;
Rejoice, refuge of them deprived of shelter;
Rejoice, protectress of all that call upon thee;
Thou didst hear angelic singing, worthy mother Matrona, whilst yet living on earth. And teach us, the unworthy, how we should glorify God in the Trinity worshipping Father, Son, and Holy Spirit, to Whom also the heavenly host unceasingly sing with a great voice: Alleluia.
Thy life shineth with luminous light, blessed Matrona, enlightening the darkness of this too-busy world, and thou dost draw unto thee our souls. Wherefore we, by the ray of the grace of God, will be enlightened, and our mournful way in this temporal life shall pass in a manner pleasing to God, and thus attain unto the kingdom of God, where thou, mother, now takest up thine abode, hearing our voice calling to thee:
Rejoice, ever-burning candle of God;
Rejoice, precious pearl, illuminating us by the light of thy holiness;
Rejoice, sweet-smelling flower that by the Holy Spirit coverest us with fragrance;
Rejoice, rock of faith, stablishing the fainthearted in piety;
Rejoice, brightest star pointing out to us the right way;
Rejoice, good warrior of Christ, by the sword of prayer frightening demonic hosts;
Rejoice, for throughout thy life thou wast holy and undefiled;
Rejoice, for thy death is precious in the sight of the Lord;
The grace of God, already richly perceived even from the cradle, O blessed mother, will be with thee all the days of thy life. We believe without doubt, that also after thy repose this grace is with thee abundantly. Wherefore, falling down before thee, we pray: deprive not us still wandering on earth of thy help and intercession, beseeching the Lord to have mercy on all who sing unto Him: Alleluia.
Singing of thy many and marvellous wonders, mother Matrona, we glorify God Who gave thee to the city of Moscow and to the Russian land in the days of atheism and persecution as a staunch pillar of piety and faith. Now, blessed mother, with grateful heart we hymn thee thus:
Rejoice, for thou hast attained the peace of Christ in thy soul;
Rejoice, for many people about thee thou didst lead to God;
Rejoice, for in thy feeble body, the power of God's grace was shown;
Rejoice, for in the finding of thine honourable relics, God’s mercy to us is revealed;
Rejoice, thou that dost bloom in the assembly of the saints of Moscow;
Rejoice, glorious adornment of the city of Moscow;
Rejoice, constant intercessor for the Russian land before God;
Rejoice, thou that callest all to repentance and prayer for the Russian land;
O blessed mother, hear now our hymns of praise which we sing to thee, and ask for us of the Lord Jesus Christ, the remission of sins, a Christian death, and peaceful repose, and a good answer at His dread judgment, and that we shall be blessed with thee in the dwellings of Paradise to glorify the Holy Trinity, crying: Alleluia. ( Thrice )
Blessed mother Matrona, thy soul in heaven standeth before the throne of God, thy body resteth upon earth, and thou bestowest divers miracles through grace given thee from on High. Look down with thy merciful eye upon us sinners who pass our days in sorrows, sicknesses and sinful temptations. Console us who are in despair. Heal our grievous ailments which God allowed because of our sins. Deliver us from many misfortunes and attacks of evil spirits. Beseech our Lord Jesus Christ to forgive us all our trespasses, transgressions and falls, and our sins committed from our youth up to the present day and hour. And by thy prayers obtain for us grace and great mercy, that we may glorify the Trinity, one God, Father, Son and Holy Spirit, now and ever and unto ages of ages. Amen.
Troparion, Tone 2
Let us the faithful today praise blessed eldress Matrona made wise by God; flower of the land of Tula and glorious adornment of the city of Moscow, for whom daylight was unknown but who wast enlightened by the light of Christ and enriched by the gifts of insight and healing: Thou wast a sojourner and wanderer upon earth, but now in the heavenly chambers thou standest before the throne of God and intercedest for our souls.
Kontakion, Tone 7
Thou wast chosen from thy mother’s womb for service to Christ, righteous Matrona, treading a path of sorrows and griefs, but showing firm faith and piety which were pleasing to God. Wherefore, we venerate thy memory, and we beseech thee, blessed eldress: help us to dwell in God’s love.
We magnify thee, O holy righteous blessed Matrona, and honour thy holy memory, thou that dost pray for us to Christ our God.
Translation by Reader Andreas Moran
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St. Daniel of Moscow – the peace-loving prince
St. right-believing prince Daniel was the fourth son of prince Alexander of Neva. He was born in 1261 and became to reign in Moscow in 1280th. It should be noted, on that time Moscow was small and not rich appanage, and even princes were there not quite often. So Daniil Aleksandrovich became a founder of princely dynasty of Moscow.
The Saint in his daily life was righteous, humble and peace-loving. His hagiography states that Daniil Aleksandrovich, having enlightened mind, wisely reigned in his princedom. He was a brave warrior and protected his lands firmly. Similarly to other Russian governors, Daniil Aleksandrovich took a part in internecine wars. But moscow prince was pretty peaceable, what was very rare in that time. The majority of conflicts between his brothers-princes he tried to resolve in peace. That is why ancient singers called Daniel «the One who loves his brothers».
Daniil Aleksandrovich himself showed no desire to reign over anyone. He honored the Law of succession to the throne and did not raised a sword against his older brothers during a struggle for the Title of Great Prince.
St. Daniel’s peace-loving gave to him love and respect of contemporary people. A lot of people came to Moscow from different princedoms: nobles, craftsmen, farmers… Prince Daniel welcomed everyone who required refuge. Prince gave a work to everyone according to his bent, always taking care about wellbeing of his citizens. Soon land of Moscow became populous. New villages appeared, a lot of farmers and occupations.
Moscow during the reign of prince Daniel was gradually built and strengthened. City did not disappeared even after terrible devastation during the march of the commander of the Horde Tudan. All together people Moscow rebuilt their city. And again prince Daniil Aleksandrovich showed to everyone an example of unprecedented mercy. He gave all his property for needs of those who suffered of devastation and for restoration of Moscow. And city was quickly renewed. Soon there were no sign of Tatar storm.
Daniil Aleksandrovich was an example of true righteousness for everyone. He cordially took care for spiritual enlightenment of his citizens. During St. Daniel’s reign Moscow became a religious center. That has begun when prince founded the monastery of St. Venerable Daniel the Stylite, who was a heavenly patron of St. prince Daniel. His hagiography says about this event: «During his godly reign in the land of Moscow, the blessed prince Daniel built the monastery beyond Moscow-River which is called after his name Danilovsky, created the church of honor of his angel St. Venerable Daniel the Stylite and assigned an archimandrite there».
Danilov Monastery is the first among monasteries which exists for today. Precise date of its foundation is unknown. Historical literature indicates 1272 or 1282; sometimes just «the end of XIII century». Recently comparative studying of historical evidences allowed scientists to assume that the monastery was founded in 1298-1299.
In 1303 St. Prince Daniel got sick hardly. Before his repose he followed an example of his father, the Great Prince Alexander Yaroslavovich of Neva, and took monastic vows. Prince of Moscow commanded to bury him in the monastery which he created, not in the church, but on the common cemetery because of his deep humbleness. Prince Daniel reposed on March 5 of 1303.
Hagiography of St. Daniel’s of Moscow says about miracles which were made by him after his death. One day Great Prince Ivan III Vasilyevich passed near an ancient Danilov Monastery, where relics of St. Daniel were. A horse of one noble young man stumbled; he was fell behind by prince’s suit and remained alone. Suddenly, the stranger appeared ahead the young man. The youth was afraid and stranger started to speak: «Do not afraid of me, because I am a Christian and the lord of this place. My name is Daniel of Moscow. According to God’s will I am entombed here – on Daniel’s place. Go, young man, to Great Prince Ivan and tell him: «There, you seeking to comfort yourself in many ways, but why did you forgot of me»? But even though he forgot of me, God of mine never did». And the stranger disappeared.
The young man immediately overtook the Prince and told him about miraculous vision. Since then the Great Prince ordered to make pannychidas and prayer services; he arranged dispensation of alms and meals for remembrance of his reposed relatives, who died in goodness.
Here is another miracle. During a reign of Ivan the Terrible, one merchant lived in Kolomna. One day together with his son he went to Moscow by boat for trading. The son got sick on a way. The merchant came to the church where St. Daniel’s relics were, brought his ill son to the tomb and started to pray. Immediately his son received healing and they continued their trip. Since then father started to venerate St. Daniel. Every year on the day of his son’s healing he was coming to St. Daniel’s tomb, making prayer service and dispensing the alms.
Less than 30 years since the right-believing prince Daniel reposed, the monastery, founded by him, was moved to Kremlin in 1330 (it was founding of Transfiguration monastery), the church was turned into simple parish, cemetery became public and St. Prince’s grave was lost.
Russian people always remembered the righteous life of Daniil Aleksandrovich with gratitude. On August 30 of 1652 the relics of St. Daniel of Moscow were found incorruptible. They were laid into silver tomb placed in the church of Seven Ecumenical Councils in the Danilov Monastery.
St. Right-Believing Prince Daniel of Moscow was canonized for local veneration only in 1791.
The Holy Relics
Up to 1930 St. Daniel’s relics were in Danilov Monastery; at that time the last monastic church was closed. Then, for a while they were in the Church of the Resurrection near Danilov Monastery. In 1932 that church was closed too and relics disappeared. Today in Danilov Monastery are several particles of St. Daniel’s relics, which are placed in reliquary, ark and icons.
The particles of relics of St. Right-Believing Prince Daniel of Moscow, which are in reliquary, were given to the monastery by the Most Holy Patriarch of Moscow and of All Russia Alexy II on March 17 of 1995. Its story descends to 1920-1930. Relics are in pencil-case-looking ark with unskillful, but reverentially made image of St. Prince Daniel and belonged to bishop, whose name is unknown. In the middle of 1930s he was exiled to the North, and before he went there he has given those relics to professor I. Anichkov, who had it for many years. Before his death Anichkov gave the shrine to Academician Dmitry Likhachov, asking to return it to Danilov Monastery when it will be possible. Dmitry Likhachov entrusted the holy relics to archpriest John Meyendorff who took it to USA in order to keep it safe. In 1995 relics were returned to Russian Orthodox Church. The reliquary is in the church of the Holy Fathers of the Seven Ecumenical Councils, under the northern arch. Above the shrine carved wooden canopy installed.
Particles of the relics of St. Right-believing Prince Daniel which belonged to last Rector (before monastery was closed) of the cloister Archbishop Theodor Pozdeevsky (†1937), were given to Danilov Monastery by Primate of Autocephalous Orthodox Church in America Metropolitan Theodosius on May 30 of 1986. The ark is in St. Trinity Cathedral near central northeast column.
In the Church of Protection of Virgin Mary are two icons with particles of St. Daniel’s relics. Big icon was painted in 1980s and now is on the column between two iconostasis. The relics which are in that icon were given to the monastery from Orenburg Diocese soon after the cloister was opened. Another icon with the relics is just for veneration; it is a smaller one and located on the lectern in the middle of the church.
Veneration in USA
A particle of the holy relics of St. Right-Believing Prince Daniel of Moscow permanently are in St. John Cathedral of Brooklyn. It is one of other 114 particles of relics of another Saints. The Cathedral is always opened for those people who want to pray and to venerate the shrines.
The prayer to St. Prince Daniel
Oh, St. Venerable Prince Daniel, we come to your icon and cordially pray you: support us (names) by your charity, because we are gather under the covering of your prayers.
Spill your warm intercession to Savior of all, may He grant peace to this parish and this church, may He keep it safe, bringing righteousness and love for people; may He eradicate spite, internecine and corruption of tempers. Give to all of us by your prayers everything what is good for temporary life and for eternal salvation, and for that we shall glorify Christ, Who is marvelous in all His Saints, together with Father and Holy Spirit, to the ages of ages. Amen.
St. Venerable Prince Daniel, pray the Lord for us!
In the article were used materials of portal «Orthodoxy and the World» and of official web-site of Danilov Monastery.
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