What rights do joint owners of a patent have?
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…
Read MoreHow is patent ownership initially determined?
The initial ownership of a patent depends on the filing date of the application. For applications filed on or after September 16, 2012, the MPEP states: ‘For applications filed on or after September 16, 2012, the original applicant is presumed to be the owner of the application for an original patent. See 37 CFR 3.73(a).’…
Read MoreWhat are the types of patent ownership?
The MPEP outlines two main types of patent ownership: Individual ownership: ‘An individual entity may own the entire right, title and interest of the patent property. This occurs where there is only one inventor, and the inventor has not assigned the patent property.’ Joint ownership: ‘Multiple parties may together own the entire right, title and…
Read MoreHow can an assignment be made of record with the USPTO?
The MPEP outlines two ways to make an assignment of record with the USPTO: Recording in the USPTO assignment records: ‘An assignment can be made of record in the assignment records of the Office as provided for in 37 CFR Part 3. Recordation of the assignment provides legal notice to the public of the assignment.’…
Read MoreWhat rights does patent ownership grant?
Patent ownership grants the owner the right to exclude others from making, using, offering for sale, selling, or importing the patented invention into the United States. However, it’s important to note that ownership does not automatically grant the right to practice the invention. The MPEP states: ‘Ownership of a patent gives the patent owner the…
Read MoreHow can I access patent assignment records online?
Patent assignment records can be accessed online through the USPTO’s Assignment Search database. The MPEP states: Assignment records that affect the title of patents and patent applications are recorded in the USPTO’s Assignment Recordation Branch. To access these records: Visit the USPTO Assignment Search website Enter the relevant patent or application number, assignee name, or…
Read MoreCan I access assignment records for unpublished patent applications?
Access to assignment records for unpublished patent applications is restricted. The MPEP states: “For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing…
Read MoreHow are historical patent assignment records maintained?
How are historical patent assignment records maintained? The USPTO maintains historical patent assignment records separately from more recent records. MPEP 301.01 explains: ‘The historical database of assignments is maintained separate and apart from the database of assignments affecting title recorded since 1980.’ This means that: Records prior to August 1980 are kept in a separate…
Read MoreHow can I search for patent assignment records online?
The USPTO provides an online database for searching patent assignment records. According to MPEP 301.01, ‘Assignment records, digests, and indexes are available in the public search room of the USPTO.’ To search online: Visit the USPTO Patent Assignment Search page Enter relevant information such as patent number, assignee name, or assignor name Review the search…
Read MoreHow do I request copies of patent assignment records?
To request copies of patent assignment records, follow these steps: For records after May 1, 1957: Contact the USPTO and pay the fee set forth in 37 CFR 1.19. For records before May 1, 1957: Contact the National Archives and Records Administration (NARA) directly. For recent records: Check the USPTO website for online availability. When…
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