Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 300 – Ownership and Assignment (3)
Recording business name changes and mergers is crucial for maintaining an accurate chain of title for patents. MPEP 314 emphasizes this importance:
- For name changes:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
- For mergers:
Documents of merger are also proper links in the chain of title.
Recording these changes ensures:
- The USPTO has up-to-date information on patent ownership
- Third parties can accurately identify the current patent owner
- The chain of title remains clear and unbroken, which can be important for future transactions or litigation
- Compliance with legal requirements for maintaining patent rights
What information is available in the USPTO’s assignment database?
The USPTO’s assignment database contains a wealth of information related to patent ownership. According to MPEP 301.01:
‘The USPTO maintains a database containing the assignment records of patents and patent applications. The USPTO also maintains a cumulative index of number of assignments recorded on the day in which they are recorded.’
The database typically includes:
- Patent or application numbers
- Names of assignors and assignees
- Dates of assignment execution and recording
- Brief descriptions of the interests conveyed
- Reel and frame numbers for locating documents
This information is crucial for determining the current ownership status of patents and applications, which is essential for various legal and business purposes.
Joint owners of a patent have specific rights as outlined in 35 U.S.C. 262, which states:
‘In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners.’
This means that each joint owner can independently exercise the full rights of the patent without needing permission from or owing compensation to the other joint owners, unless they have a separate agreement stating otherwise.
MPEP 301-Ownership/Assignability of Patents and Applications (2)
What information is available in the USPTO’s assignment database?
The USPTO’s assignment database contains a wealth of information related to patent ownership. According to MPEP 301.01:
‘The USPTO maintains a database containing the assignment records of patents and patent applications. The USPTO also maintains a cumulative index of number of assignments recorded on the day in which they are recorded.’
The database typically includes:
- Patent or application numbers
- Names of assignors and assignees
- Dates of assignment execution and recording
- Brief descriptions of the interests conveyed
- Reel and frame numbers for locating documents
This information is crucial for determining the current ownership status of patents and applications, which is essential for various legal and business purposes.
Joint owners of a patent have specific rights as outlined in 35 U.S.C. 262, which states:
‘In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners.’
This means that each joint owner can independently exercise the full rights of the patent without needing permission from or owing compensation to the other joint owners, unless they have a separate agreement stating otherwise.
MPEP 314 – Certificates of Change of Name or of Merger (1)
Recording business name changes and mergers is crucial for maintaining an accurate chain of title for patents. MPEP 314 emphasizes this importance:
- For name changes:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
- For mergers:
Documents of merger are also proper links in the chain of title.
Recording these changes ensures:
- The USPTO has up-to-date information on patent ownership
- Third parties can accurately identify the current patent owner
- The chain of title remains clear and unbroken, which can be important for future transactions or litigation
- Compliance with legal requirements for maintaining patent rights
Patent Law (3)
Recording business name changes and mergers is crucial for maintaining an accurate chain of title for patents. MPEP 314 emphasizes this importance:
- For name changes:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
- For mergers:
Documents of merger are also proper links in the chain of title.
Recording these changes ensures:
- The USPTO has up-to-date information on patent ownership
- Third parties can accurately identify the current patent owner
- The chain of title remains clear and unbroken, which can be important for future transactions or litigation
- Compliance with legal requirements for maintaining patent rights
What information is available in the USPTO’s assignment database?
The USPTO’s assignment database contains a wealth of information related to patent ownership. According to MPEP 301.01:
‘The USPTO maintains a database containing the assignment records of patents and patent applications. The USPTO also maintains a cumulative index of number of assignments recorded on the day in which they are recorded.’
The database typically includes:
- Patent or application numbers
- Names of assignors and assignees
- Dates of assignment execution and recording
- Brief descriptions of the interests conveyed
- Reel and frame numbers for locating documents
This information is crucial for determining the current ownership status of patents and applications, which is essential for various legal and business purposes.
Joint owners of a patent have specific rights as outlined in 35 U.S.C. 262, which states:
‘In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners.’
This means that each joint owner can independently exercise the full rights of the patent without needing permission from or owing compensation to the other joint owners, unless they have a separate agreement stating otherwise.
Patent Procedure (3)
Recording business name changes and mergers is crucial for maintaining an accurate chain of title for patents. MPEP 314 emphasizes this importance:
- For name changes:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
- For mergers:
Documents of merger are also proper links in the chain of title.
Recording these changes ensures:
- The USPTO has up-to-date information on patent ownership
- Third parties can accurately identify the current patent owner
- The chain of title remains clear and unbroken, which can be important for future transactions or litigation
- Compliance with legal requirements for maintaining patent rights
What information is available in the USPTO’s assignment database?
The USPTO’s assignment database contains a wealth of information related to patent ownership. According to MPEP 301.01:
‘The USPTO maintains a database containing the assignment records of patents and patent applications. The USPTO also maintains a cumulative index of number of assignments recorded on the day in which they are recorded.’
The database typically includes:
- Patent or application numbers
- Names of assignors and assignees
- Dates of assignment execution and recording
- Brief descriptions of the interests conveyed
- Reel and frame numbers for locating documents
This information is crucial for determining the current ownership status of patents and applications, which is essential for various legal and business purposes.
Joint owners of a patent have specific rights as outlined in 35 U.S.C. 262, which states:
‘In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners.’
This means that each joint owner can independently exercise the full rights of the patent without needing permission from or owing compensation to the other joint owners, unless they have a separate agreement stating otherwise.