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…
Read MoreHow 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…
Read MoreWhat 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.…
Read MoreWhat 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…
Read MoreWhat is the significance of the filing date in relation to irreparable damage?
The filing date is crucial in relation to irreparable damage because it can determine whether an applicant’s rights are preserved or lost. According to MPEP 409.03(g): Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date is necessary to preserve the rights of the…
Read MoreWhat 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…
Read MoreHow does joint ownership work for patents and patent applications?
Joint ownership in patents and patent applications occurs when two or more parties share ownership rights. According to MPEP 301: “Joint inventors are treated as joint owners of the invention unless there is an assignment.” Key aspects of joint ownership include: Each joint owner has the right to make, use, sell, and license the invention…
Read MoreWhat happens if an assignment document is not recorded at the USPTO?
What happens if an assignment document is not recorded at the USPTO? If an assignment document is not recorded at the USPTO, it can have significant legal implications. According to MPEP 302: ‘An assignment, grant, or conveyance of a patent or application shall be void as against any subsequent purchaser or mortgagee for valuable consideration,…
Read MoreHow 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…
Read MoreHow 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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