3 ms·
>> You agree to grant and hereby grant "Hereby grant" means the grant is (supposedly) immediately effective even for future-arising rights — and thus would tak
by dctoedt 3y ago
>> You agree to grant and hereby grant
"Hereby grant" means the grant is (supposedly) immediately effective even for future-arising rights — and thus would take precedence (again, supposedly) over an agreement to grant the same rights in the future. [0]
(In the late oughts, this principle resulted in the biotech company Roche Molecular becoming a part-owner of a Stanford patent, because a Stanford researcher signed a "visitor NDA" with Roche that included present-assignment language, whereas the researcher's previous agreement with Stanford included only future-assignment language. The Stanford-Roche lawsuit on that subject went all the way to the U.S. Supreme Court.)
[0] https://toedtclassnotes.site44.com/Notes-on-Contract-Drafting-2021-08-21.html#ip-own-prsnt-future https://toedtclassnotes.site44.com/Notes-on-Contract-Draftin...
- mafuy 3y agoYes, but the parent commenter noticed that and wondered about the other part, the "agree to grant" part. Simply "hereby grant" should suffice.
- dctoedt 3y ago> Simply "hereby grant" should suffice. Not necessarily — in some circumstances, the law might not recognize a present-day grant of an interest that doesn't exist now but might come into being in the future. (Cf. the Rule Against Perpetuities. [1]) The "hereby grants and agrees to grant" language is a fallback requirement — belt and suspenders, if you will. [1] https://en.wikipedia.org/wiki/Rule_against_perpetuities https://en.wikipedia.org/wiki/Rule_against_perpetuities