What is the difference between an assignment and an agreement to assign in the context of MPEP 409.03(f)?
MPEP 409.03(f) distinguishes between an assignment and an agreement to assign in the context of proving proprietary interest for pre-AIA 37 CFR 1.47(b) applications. The key differences are: Assignment: A completed transfer of rights in the invention. Agreement to Assign: A promise to transfer rights in the future, often conditional. For an assignment, MPEP 409.03(f)…
Read MoreWhat documentation is needed to show an agreement to assign in a pre-AIA 37 CFR 1.47(b) application?
To demonstrate an agreement to assign in a pre-AIA 37 CFR 1.47(b) application, you should provide: A copy of the written agreement to assign the invention If the agreement is conditional, a statement of facts showing the conditions have been met MPEP 409.03(f) states: “When an inventor has agreed in writing to assign an invention…
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