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A substitute statement can be submitted in lieu of a declaration if an inventor is deceased, is under legal incapacity, has refused to sign the declaration, or cannot be found or reached after a diligent effort.
During examination of a pending patent application or after the patent is granted, the owner of the patent may change: 1) the original owner may transfer ownership to another entity or party, through an "assignment;" or 2) the original owner may retain ownership but change its name.
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 .
Patent law gives co-owners of a patent the right to make, use, license, sell and import the patented invention within the United States in whatever way they please, without the consent of the other co-owners. Joint ownership of a patent occurs simply by applying for a patent with other people.
The applicant for the patent can make a request to the Controller to add a person as one of the inventors, if such person is also the applicant or is at least one of the applicants. As a best practice, it would be wise to submit to the Controller, consent of all the applicants, in case of joint applicants.
In 37 CFR 3.1, assignment of patent rights is defined as ?a transfer by a party of all or part of its right, title and interest in a patent [or] patent application....? An assignment of a patent, or patent application, is the transfer to another of a party's entire ownership interest or a percentage of that party's ...
Joint ownership - Multiple parties may together own the entire right, title and interest of the patent property. This occurs when any of the following cases exist: (A) Multiple partial assignees of the patent property; (B) Multiple inventors who have not assigned their right, title and interest; or.
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.