Virginia Assignment - Joint Inventors
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How to fill out Assignment - Joint Inventors?
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FAQ
An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by their legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the original ...
Who is defined as an inventor? By law, an inventor named on a patent application or issued patent must contribute to the conception of the idea or subject matter of at least one claim that is filed with a patent application.
The inventor's oath or declaration must be executed (i.e., signed) by the inventor or the joint inventors, unless the inventor's oath or declaration is a substitute statement under 37 CFR 1.64, which must be signed by the applicant, or an assignment-statement under 37 CFR 1.63(e), which must be signed by the inventor ...
Generally, in an employment agreement, the employee assigns all patent rights from their work to the organization. So the organization can file a patent as an applicant. Therefore, an inventor has to be an individual, but the Assignee can be an individual or a company.
A request to correct the inventorship filed under 37 CFR 1.48(a) should identify the inventorship change and must be accompanied by a signed application data sheet (ADS) including the legal name, residence, and mailing address of the inventor or each actual joint inventor (see 37 CFR 1.76(b)(1) ) and the processing fee ...
An inventor declaration confirms the inventor's belief that they are the original (or joint original) inventor of the claimed invention. If an inventor declaration is not submitted by each inventor before payment of the Issue Fee, the application will be abandoned.
Reissue oath/declaration can add or delete the name of an inventor without the original inventors' consent. Assignee of the entire interest can file a reissue application to change the inventorship to one which the assignee believes to be correct, even though an inventor might disagree.
Declaration as to inventorship, signed by the applicant where priority has been claimed or where complete specification is filed after a provisional specification; can be filed within one month of filing of application or complete specification.