How 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…
Read MoreHow can foreign assignees designate a domestic representative for USPTO correspondence?
Foreign assignees can designate a domestic representative for USPTO correspondence as outlined in 35 U.S.C. 293 and 37 CFR 3.61. The MPEP states: An assignee of a patent or patent application who is not domiciled in the United States may, by written document signed by such assignee, designate a domestic representative. Key points for this…
Read MoreWhat are the fees for recording assignment documents with the USPTO?
The fees for recording assignment documents are set forth in 37 CFR 3.41. According to the MPEP: For electronic submissions: The fee is currently $0 (as per 37 CFR 1.21(h)(1)) For paper or facsimile submissions: The fee is set in 37 CFR 1.21(h)(2) The MPEP advises: Customers should check the current fee schedule on the…
Read MoreWhat are the requirements for submitting assignment documents in a language other than English?
According to 37 CFR 3.26, assignment documents in languages other than English can be recorded with the USPTO, but specific requirements must be met. The MPEP states: The assignment document, if not in the English language, will not be recorded unless accompanied by an English translation signed by the translator. Key points for submitting non-English…
Read MoreWhat is the purpose of recording an assignment with the USPTO?
What is the purpose of recording an assignment with the USPTO? Recording an assignment with the USPTO serves several important purposes: Constructive notice: It provides constructive notice to the public of the assignment. Prima facie evidence: The recording acts as prima facie evidence of the execution of the assignment. Legal protection: It protects against subsequent…
Read MoreCan an assignment be recorded electronically with the USPTO?
Can an assignment be recorded electronically with the USPTO? Yes, assignments can be recorded electronically with the USPTO. The MPEP 302 states: “The USPTO provides for the electronic filing of patent assignment documents through the Electronic Patent Assignment System (EPAS).” Electronic filing offers several advantages: Faster processing times Immediate confirmation of receipt Reduced risk of…
Read MoreWhat is the purpose of recording patent assignment documents?
What is the purpose of recording patent assignment documents? Recording patent assignment documents serves several important purposes: Providing notice to the public of the assignment Creating a public record of the assignment Protecting against subsequent purchasers without notice Establishing priority of ownership rights According to MPEP 302, ‘The recording of an assignment document in the…
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