37 CFR § 3.1 — Definitions. (MPEP Coverage Index) – BlueIron IP
37 CFR § 3.1 Definitions.
This page consolidates MPEP guidance interpreting 37 CFR § 3.1, including 38 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section defines the terms related to ownership and assignability of patents and applications, emphasizing that all associated rights must be included in an assignment for it to be valid.
What this section covers
- Define the terms related to ownership and assignability of patents and applications.
Key obligations
- Ensure that all associated rights are transferred in an assignment for it to be valid.
- Identify the entirety of the bundle of rights associated with ownership interest in a patent or application.
Practice notes
- Advise practitioners to review the specific rights associated with a patent or application before drafting an assignment.
- Warn against omitting any part of the bundle of rights in an assignment, as it could render the transfer invalid.
Official MPEP § 3.1 — Definitions.
Source: USPTOLast Modified: 10/30/2024 08:50:22
3.1 Definitions.
For purposes of this part, the following definitions shall apply:
Application means a national application for patent, an international patent application that designates the United States of America, an international design application that designates the United States of America, or an application to register a trademark under section 1 or 44 of the Trademark Act, 15 U.S.C. 1051, or 15 U.S.C. 1126, unless otherwise indicated.
Assignment means a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application to register has been filed.
Document means a document which a party requests to be recorded in the Office pursuant to § 3.11 and which affects some interest in an application, patent, or registration.
Office means the United States Patent and Trademark Office.
Recorded document means a document which has been recorded in the Office pursuant to§ 3.11 .
Registration means a trademark registration issued by the Office.
[Added, 57 FR 29634, July 6, 1992, effective Sept. 4, 1992; revised, 69 FR 29865, May 26, 2004, effective June 25, 2004; definition of “Application” revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
- Aia Practice
- Aia Overview
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- Ownership Fundamentals
- Recording Effect
- Patent Term
- Reissue
- Reissue Ownership
- Signature Requirements
- Signature Assignee
| MPEP Section | Rules |
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| MPEP § 301 |