What is the difference between a patent assignment and a patent license?
The key differences between a patent assignment and a patent license are: Assignment: Transfers all or part of the ownership interest in a patent, including the entire bundle of rights associated with ownership. License: Transfers a bundle of rights that is less than the entire ownership interest. It may be limited in time, geographical area,…
Read MoreHow can I make a patent assignment of record with the USPTO?
There are two ways to make a patent assignment of record with the USPTO: Record the assignment in the USPTO’s assignment records as provided in 37 CFR Part 3. This provides legal notice to the public but does not determine the validity or effect of the assignment. Make the assignment of record in the file…
Read MoreWhat is joint ownership of a patent?
Joint ownership of a patent occurs when multiple parties together own the entire right, title, and interest of the patent property. This can happen in several scenarios: Multiple partial assignees of the patent property Multiple inventors who have not assigned their rights A combination of partial assignee(s) and inventor(s) who have not assigned their rights…
Read MoreWhat is the effect of recording a patent assignment?
Recording a patent assignment with the USPTO has specific legal effects. The MPEP states: ‘Recordation of the assignment provides legal notice to the public of the assignment.’ However, it’s important to note that: ‘It should be noted that recording of the assignment is merely a ministerial act; it is not an Office determination of the…
Read MoreWhat is an ‘assignment-statement’ and how is it used in patent applications?
An ‘assignment-statement’ is a relatively new concept in patent law, introduced for applications filed on or after September 16, 2012. The MPEP explains: ‘For applications filed under 35 U.S.C. 111(a), 363, or 385 on or after September 16, 2012, an assignment may contain the statements required to be made in an oath or declaration (‘assignment-statement’),…
Read MoreWhat is patent ownership according to 35 U.S.C. 261?
According to 35 U.S.C. 261, patents have the attributes of personal property and are assignable by an instrument in writing. Specifically, the statute states: ‘Subject to the provisions of this title, patents shall have the attributes of personal property. […] Applications for patent, patents, or any interest therein, shall be assignable in law by an…
Read MoreWhat is the difference between patent assignment and licensing?
Patent assignment and licensing are two different ways of transferring patent rights. The MPEP defines assignment as: ‘Assignment of patent rights is defined as ‘a transfer by a party of all or part of its right, title and interest in a patent [or] patent application….” In contrast, licensing is described as: ‘As compared to assignment…
Read MoreWhat is the difference between an assignment and a license in patent law?
The MPEP distinguishes between assignments and licenses in patent law: Assignment: ‘An assignment of a patent, or patent application, is the transfer to another of a party’s entire ownership interest or a percentage of that party’s ownership interest in the patent or application.’ License: ‘As compared to assignment of patent rights, the licensing of a…
Read MoreHow are assignment records made accessible to the public?
The USPTO makes assignment records accessible to the public in several ways, as described in 37 CFR 1.12: Separate assignment records for patents and trademarks are maintained and are open to public inspection. Assignment records, digests, and indexes for patents are available on the USPTO website. Images of assignment documents recorded from June 1998 onwards…
Read MoreHow can someone obtain copies of assignment records for pending or abandoned applications?
The process for obtaining copies of assignment records for pending or abandoned applications depends on whether the application is open to the public. The MPEP states: ‘Copies of assignment records relating to pending or abandoned patent applications which are open to the public pursuant to 37 CFR 1.11 or for which copies or access may…
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