How can I record a patent assignment with the USPTO?
Patent assignments can be recorded with the USPTO in two ways: In the assignment records: This is done as provided in 37 CFR Part 3. Recording provides public notice of the assignment but does not determine its validity. In the file of a patent application or patent: This may be necessary for the assignee to…
Read MoreHow 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 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 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…
Read MoreWhat are the assignment rules for substitute and continuation-in-part applications?
The assignment rules for substitute and continuation-in-part applications differ from those for division and continuation applications. As per the MPEP, a prior assignment of the original application is not applied (effective) to the substitute or continuation-in-part application because the assignment recorded against the original application gives the assignee rights to only the subject matter common…
Read MoreHow can a patent be issued to an assignee?
A patent can be issued to an assignee in two main ways: Before paying the issue fee: The assignee can submit a request for issuance in their name along with the issue fee payment. The assignment must be previously recorded or stated to have been filed for recordation. After paying the issue fee: A request…
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