What happens if a designated domestic representative cannot be found?
If the designated domestic representative cannot be found or if no person has been designated, 35 U.S.C. 293 provides a solution: If the person designated cannot be found at the address given in the last designation, or if no person has been designated, the United States District Court for the Eastern District of Virginia shall…
Read MoreWhat is a domestic representative for foreign patent assignees?
A domestic representative is a person residing within the United States who can be served process or notice of proceedings affecting a patent or rights thereunder on behalf of a foreign assignee. According to MPEP 302.04, An assignee of a patent or patent application who is not domiciled in the United States may, by written…
Read MoreWhat rights does patent ownership confer?
Patent ownership gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing the claimed invention into the United States. As stated in 35 U.S.C. 154(a)(1): Ownership of a patent gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing…
Read MoreHow does the USPTO handle changes in ownership of patents?
How does the USPTO handle changes in ownership of patents? The USPTO handles changes in ownership of patents through a process of recording assignments. According to MPEP 301: “The assignment of a patent, or patent application, is the transfer of the entire right, title and interest therein. An assignment of an application may be made…
Read MoreHow can I record a patent assignment with the USPTO?
Patent assignments can be recorded with the USPTO in two ways: In the assignment records: This is done as provided in 37 CFR Part 3. Recording provides public notice of the assignment but does not determine its validity. In the file of a patent application or patent: This may be necessary for the assignee to…
Read MoreHow does joint ownership work for patents?
How does joint ownership work for patents? Joint ownership in patents occurs when two or more parties share ownership rights. The MPEP 301 provides guidance on this: ‘In the case of joint owners, each joint owner has the right to make, use, offer for sale, and sell the patented invention without the consent of and…
Read MoreHow do I properly identify a patent or application in an assignment document?
According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications: National applications: Identify by application number (series code and serial number) International applications designating the US: Identify by international application number International design applications designating the US: Identify by international registration number or US application number If…
Read MoreWhat are the requirements for the cover sheet accompanying an assignment document?
According to 37 CFR 3.31, the cover sheet for patent assignments must contain: Name of the party conveying the interest Name and address of the party receiving the interest Description of the interest conveyed or transaction to be recorded Identification of the patent or application Name and address for correspondence Date of execution Signature of…
Read MoreHow can I submit assignment documents to the USPTO electronically?
The USPTO allows electronic submission of assignment documents through the Electronic Patent Assignment System (EPAS). According to the MPEP: Visit http://epas.uspto.gov for the EPAS system Include an identified application or patent number Complete one online cover sheet for a single transaction For electronic submissions, the signature must comply with 37 CFR 3.31(a)(7) or 37 CFR…
Read MoreWhat are the requirements for recording a joint research agreement with the USPTO?
Joint research agreements can be recorded with the USPTO as per 37 CFR 3.11(c). The MPEP states that the cover sheet for a joint research agreement must: Identify the document as a ‘joint research agreement’ in the description of interest conveyed Indicate the name of the owner of the application or patent Indicate the name…
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