Do I need to recertify micro entity status after assigning rights to another micro entity?
No, you do not need to recertify micro entity status after assigning rights to another micro entity. The MPEP 509.04(d) clearly states: ‘Where an assignment of rights or an obligation to assign rights to other parties who are micro entities occurs subsequent to the filing of a certification of entitlement to micro entity status, a…
Read MoreHow does the USPTO handle assignment documents after recording?
How does the USPTO handle assignment documents after recording? After recording an assignment document, the USPTO follows a specific process. According to MPEP 302.01: ‘Assignment documents submitted for recording are scanned and stored in a public database.’ The handling process includes: Scanning the submitted copy of the assignment document Storing the scanned document in a…
Read MoreWhat are the requirements for recording non-English assignment documents at the USPTO?
According to MPEP 302.02, non-English assignment documents can only be accepted and recorded by the USPTO if they are accompanied by an English translation. The MPEP states: The Office will accept and record non-English language documents only if accompanied by an English translation signed by the individual making the translation. This means that inventors, assignees,…
Read MoreHow does the USPTO process assignment documents submitted by fax?
The USPTO has an automated system for processing assignment documents submitted by fax. According to MPEP 302.09: Documents are submitted directly into the automated Patent and Trademark Assignment System. A recordation notice is automatically returned to the sending fax number. If the system can’t complete the transmission, the notice is printed and mailed via U.S.…
Read MoreCan the USPTO refuse to expunge an improperly recorded assignment?
Yes, the USPTO can refuse to expunge an improperly recorded assignment. According to MPEP 323.01(c): ‘The Office, however, has consistently taken the position that such a petition will not be granted unless it is apparent that the recording is a ‘clerical error on the part of the Office.” This means that the USPTO is generally…
Read MoreWhat are the requirements for submitting assignment documents by fax to the USPTO?
According to MPEP 302.09, there are specific requirements for submitting assignment-related documents by fax: An identified application or patent number One cover sheet to record a single transaction Payment of the recordation fee by credit card or USPTO Deposit Account The MPEP states: Any assignment-related document for patent matters submitted by facsimile must include: (A)…
Read MoreIs the address of the assignee required in patent assignment documents?
While the address of the assignee may be included in the assignment document, it is not strictly required there. However, the address must be provided in the cover sheet accompanying the assignment. As stated in MPEP 302.05: The address of the assignee may be recited in the assignment document and must be given in the…
Read MoreWhat are the benefits of using the Electronic Patent Assignment System (EPAS)?
The Electronic Patent Assignment System (EPAS) offers several benefits for submitting assignment documents to the USPTO. While not explicitly stated in MPEP 302.10, the following advantages can be inferred: Convenience: Users can submit documents directly from their computer, eliminating the need for physical mailing. Efficiency: Electronic submission can be faster than traditional paper-based methods. Direct…
Read MoreCan a domestic representative be changed after initial designation?
Yes, a domestic representative can be changed after the initial designation. While MPEP 302.04 doesn’t explicitly address changing a domestic representative, it states that the designation is made by a written document signed by such assignee. This implies that a new written document can be submitted to change the designation. To change a domestic representative,…
Read MoreWhat happens if an English translation is not provided with a non-English assignment document?
If an English translation is not provided with a non-English assignment document, the USPTO will not record the assignment. According to MPEP 302.02: The assignment document, if not in the English language, will not be recorded unless accompanied by an English translation signed by the translator. This means that the assignment will be rejected, and…
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