What are the requirements for issuing a patent to an assignee after the issue fee has been paid?
If a request for issuance to an assignee is submitted after the issue fee has been paid, the following requirements must be met: Submit a request under 37 CFR 3.81(b) Include a request for a certificate of correction under 37 CFR 1.323 Pay the fee for the certificate of correction (set forth in 37 CFR…
Read MoreWhat happens if an assignee requests issuance of a patent to themselves?
What happens if an assignee requests issuance of a patent to themselves? When an assignee requests issuance of a patent to themselves, the following process occurs: The assignee must file a request for issuance of the patent to the assignee under 37 CFR 3.81(b). This request must be submitted no later than the date the…
Read MoreWhat is the significance of the issue fee payment date for patent assignments?
What is the significance of the issue fee payment date for patent assignments? The issue fee payment date is crucial for patent assignments and issuance to assignees for several reasons: It serves as the deadline for requesting issuance of the patent to the assignee under 37 CFR 3.81(b). Assignments recorded after this date but before…
Read MoreDoes recording a document with the USPTO determine its effect on patent ownership?
No, the act of recording a document with the USPTO does not determine its legal effect on patent ownership. The MPEP clearly states: The recordation of a document is not a determination of the effect of the document on the chain of title. This means that while the USPTO will record various documents related to…
Read MoreWhat is the effect of recording a document at the USPTO?
Recording a document at the USPTO has the following effects: It does not determine the validity of the document or its effect on title. The Office may determine a document’s effect when necessary for Office proceedings. Conditional assignments are treated as absolute assignments until canceled. Recording provides protection against subsequent purchasers without notice. 37 CFR…
Read MoreHow does the USPTO handle errors in the execution of an original assignment document?
When errors are made in the execution of an original assignment document, the USPTO allows for the submission of a ‘substitute statement’ to correct these errors. According to MPEP 323: “Where errors were made in the execution of the original assignment document … a ‘substitute statement’ may be submitted for recordation.” The process involves: Preparing…
Read MoreWhat is the effect of recording an assignment at the USPTO?
Recording an assignment at the USPTO does not determine its validity or effect on title. As stated in 37 CFR 3.54: “The recording of a document pursuant to § 3.11 is not a determination by the Office of the validity of the document or the effect that document has on the title to an application,…
Read MoreWhat evidence is needed to support a petition to expunge an improper assignment?
To support a petition to expunge an improperly recorded assignment, you should provide evidence that clearly demonstrates the assignment is incorrect. This may include: Affidavits or declarations from relevant parties Documentation showing true ownership Evidence of fraud or mistake in the recording MPEP 323.01(c) states: ‘The petition should be accompanied by clear and convincing evidence…
Read MoreAre there any exceptions to the USPTO’s English translation requirement for assignments?
Based on the information provided in MPEP 302.02, there are no exceptions to the USPTO’s English translation requirement for assignments. The MPEP states unequivocally: 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 requirement applies to all non-English assignment documents…
Read MoreWhat fees are required to correct a typographical error on a patent assignment cover sheet?
To correct a typographical error on a patent assignment cover sheet, you must pay the required fee for each application or patent that needs correction. According to MPEP 323.01(a): “The party requesting correction should submit… (C) the required fee for each application or patent to be corrected (37 CFR 3.41).” The specific fee amount is…
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