What rights does patent ownership confer?

Patent ownership gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing the claimed invention into the United States. As stated in 35 U.S.C. 154(a)(1): Ownership of a patent gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing…

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How does joint ownership work for patents?

How does joint ownership work for patents? Joint ownership in patents occurs when two or more parties share ownership rights. The MPEP 301 provides guidance on this: ‘In the case of joint owners, each joint owner has the right to make, use, offer for sale, and sell the patented invention without the consent of and…

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What is a ‘subject invention’ in the context of government-funded research?

What is a ‘subject invention’ in the context of government-funded research? A ‘subject invention’ is a term used in government contracts and refers to any invention conceived or first actually reduced to practice in the performance of work under a government contract. According to MPEP 310, ‘The term ‘subject invention’ is defined by 35 U.S.C.…

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What is Executive Order 9424 and how does it relate to USPTO document recording?

Executive Order 9424, issued in 1944, mandates the recording of certain government interests in patent rights. The MPEP references this order in the context of USPTO document recording: In addition to assignments and documents required to be recorded by Executive Order 9424, upon request, assignments of applications, patents, and registrations, and other documents relating to…

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What are the attributes of patent ownership?

According to MPEP 301, patents have the attributes of personal property. The MPEP states: ’35 U.S.C. 261 Ownership; assignment. Subject to the provisions of this title, patents shall have the attributes of personal property.’ This means that patents can be bought, sold, licensed, or transferred like other forms of property. However, it’s important to note…

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How does new matter in a continuation-in-part affect patent rights?

How does new matter in a continuation-in-part affect patent rights? New matter introduced in a continuation-in-part (CIP) application can significantly affect patent rights. According to MPEP 201.08, “Matter not disclosed in the parent nonprovisional application is entitled only to the filing date of the continuation-in-part application.” This means: New matter is only entitled to the…

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How does the filing date of a continuation-in-part application affect patent rights?

How does the filing date of a continuation-in-part application affect patent rights? The filing date of a continuation-in-part (CIP) application can significantly affect patent rights, particularly for the new matter added. According to MPEP 201.08: “The effective filing date of a claimed invention in a continuation-in-part application is determined on a claim-by-claim basis and is…

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