I am working on a deal to acquire a medical imaging software company. For different reasons, we're structuring the deal such that we will be setting up a new company and acquiring the assets of the target company (name, IP, clients, fixed assets, employees...). The founder and sole shareholder of the target company has software patents in his name. Those patents pertain to the company's products and IP and for which we believe that there are many infringers, although we're not acquiring it to become a patent troll :)
So my question pertains to the transfer of the patent from the inventor into the new company. Can this be done? Or, must the patent stay in the inventor's name and the new company get's a licence of use of some sort. How does this work?
Can anybody help clarify?
P.S. It's a Canadian company and the patents are granted both in the US and in Canada.