Philadelphia Pennsylvania Contract for Assignment of Patent Rights

State:
Multi-State
County:
Philadelphia
Control #:
US-0556BG
Format:
Word; 
Rich Text
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Description

Patents and patent applications are assignable by the owner or in the owner's name by anyone acting under legal authority. In the case of patent applications, where the conveyance precedes the granting of the patent, the patent may be issued to the assignee if the patent assignment has first been entered of record in the Patent and Trademark Office. The assignment of patent rights is a contract and is, accordingly, construed so as to carry out the intentions of the parties to the assignment.

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FAQ

The USPTO does not require patent assignments to be notarized. The patent office only requires that the assignment be executed and signed by both the assignor and the assignee. Once an agreement is executed and signed by the parties, the assignment must be recorded with the patent office.

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).

The original owner should record the assignment or name change with the USPTO's Assignment Recordation Branch by filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.

Under U.S. law, assignments must be recorded to be effective as against third parties who do not have actual knowledge of the assignment. The statute is similar to recording statutes used for recording real property. Thus, although there is no requirement to record an assignment, it is foolish not to do so.

All parties must sign the agreement, with limited exceptions in situations where the assignor cannot be reached but where enough evidence exists that documents their intentions and rights. File the patent assignment with the USPTO within three months after the agreement is signed, paying the then-current fee.

Assignment means a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application to register has been filed.

Steps to File a Patent Assignment Fill Out a Recordation Form Cover Sheet. The Recordation Form Cover Sheet is an official USPTO document.Complete a Patent Assignment Agreement.Sign the Patent Assignment Agreement.Submit the Patent Assignment.

Patent assignment transfers your ownership rights in your patent from yourself to your company. This means that once you assign the patent, you transfer all ownership and control of that patent and its intellectual property rights as the patent inventor to another entity/company, known as an assignee.

We want to remind our clients and other patent owners that most inventor signatures and many other types of signatures needed at the USPTO can be done electronically. Under 37 C.F.R. § 1.4(d)(2), the USPTO permits the use of electronic signatures for all documents filed using the EFS-web platform or via facsimile.

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Philadelphia Pennsylvania Contract for Assignment of Patent Rights