What is the role of the Assignment Division in patent document handling?
The Assignment Division plays a crucial role in handling patent assignment documents. According to MPEP 318: “Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.” The Assignment Division’s responsibilities include: Receiving assignment documents for patents and patent applications Recording these…
Read MoreWhere should assignment documents be forwarded for recording?
MPEP 318 provides clear guidance on where assignment documents should be forwarded for recording. According to the manual: “Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.” This means that when submitting assignment documents, they should be sent to the…
Read MoreHow can the public access patent ownership information?
While the public cannot request title reports directly, they can obtain patent ownership information through other means. The MPEP notes: The public can request a certified abstract of title. The fee for this service is set forth at 37 CFR 1.19(b)(4). Additionally, some assignment records are publicly available. For more information on accessible records, refer…
Read MoreWho can request a title report from the USPTO?
Title reports are internal documents used by the USPTO and are not available for direct request by external parties. The MPEP explicitly states: Title reports may not be ordered by applicants or attorneys. These reports are typically requested by internal USPTO staff, such as the Reexamination Preprocessing Staff, when needed for specific procedures.
Read MoreWhen should documentary evidence of ownership be recorded for assignee applicants?
For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows: As provided for in part 3 of Chapter 37 CFR No later than the date the issue fee is paid in the application According to 37 CFR 1.46(b)(1): If…
Read MoreWhen do patent examiners need title reports?
Patent examiners typically do not require title reports for routine examination. The MPEP states: Information as to the title is not normally required by the examiner to examine an application. It is only in limited circumstances when the ownership becomes an issue and an examiner needs a title report. When ownership information is necessary, examiners…
Read MoreWhen must ownership be established for an assignee to take action in a patent matter?
Ownership must be established under pre-AIA 37 CFR 3.73(b) when the assignee: Signs a request for status of an application Gives a power to inspect an application Appoints its own registered attorney or agent to prosecute an application Signs a disclaimer under 37 CFR 1.321 Consents to the filing of a reissue application Consents to…
Read MoreWhy is it important to record business name changes and mergers for patents?
Recording business name changes and mergers is crucial for maintaining an accurate chain of title for patents. MPEP 314 emphasizes this importance: For name changes: Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title. For mergers: Documents of merger are…
Read MoreWhy is determining who should direct prosecution important in patent applications?
MPEP 303 highlights the importance of determining who should direct prosecution: “When the assignment condition of an application is significant, such as… when there is a question as to who should direct prosecution, it is necessary for the examiner to obtain assignment information from PALM.” (MPEP 303) Determining who should direct prosecution is crucial because:…
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…
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