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Though the agreement is a legal document, it does not need to be notarized. However, obtaining notarization for the signatures provides added protection, limiting the risk of a party later claiming a signature was not valid.
To be valid, an assignment of the whole or a part of a patent, or of a mortgage, licence or any other interest in a patent must be in writing, duly executed, and the agreement must set out all of the terms and conditions governing the rights and obligations of the parties. Co-ownership.
Warranties and Indemnities. Most patents are transferred as-is, but some patent assignment agreements have warranties and indemnities to protect the parties involved. Notarization. For a patent assignment agreement to be valid in the U.S., it must be notarized?or at least signed in front of two witnesses.
Clearly identify the patent being assigned: State the patent or patent application number, title, inventors, and filing date. Be signed by the assignors. Be notarized: If notarization isn't possible, have one or two witnesses attest to the signatures.
An inventions assignment agreement is a typical feature of an independent contractor or employee agreement where the worker agrees to assign any intellectual property rights arising from the worker's services to the company.
Generally speaking, patent assignments should be recorded in the USPTO's Assignment Recordation Branch (ARB). While no law requires patent assignments to be recorded, failure to record an assignment may have various adverse consequences.