Assignment of Design Patent Application after Execution but Before Filing by Sole Inventor
Description Patent File
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Patent Application Template FAQ
It is possible for the patent owner to reinstate the patent, if it expires, by paying a surcharge in addition to the maintenance fee. It's also possible for the patent holder to put the expired patent up for sale and sell the patent and their rights to someone else who could renew the expired patent by paying the fees.
Recordation of the assignment provides legal notice to the public of the assignment.For a patent to issue to an assignee, the assignment must have been recorded or filed for recordation in accordance with 37 CFR 3.11. See 37 CFR 3.81(a).
No. Patents are granted by patent offices in exchange for a full disclosure of the invention.Can I discuss details of my invention with a potential investor before filing a patent application? It is important to file a patent application before publicly disclosing the details of an invention.
A patent assignment is an agreement where one entity (the assignor) transfers all or part of their right, title and interest in a patent or application to another entity (the assignee).
Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required.Failure to record an intellectual property transfer, or failure to make a timely recordation, can impact a startup's rights in a patent or patent application.
Generally, no. Assignments are transfers of the entire interest in a patent from one entity to another. They are distinguished from licenses, which give another person a limited right to the patent. In the US, there is no requirement that an assignment be notarized.
Use EPAS to create and submit a Patent Assignment Recordation Coversheet by completing on-line web forms and attaching the supporting legal documentation as black and white TIFF or PDF for submission via the internet. You may email questions about filing electronic patent assignments to EPAS@uspto.gov .