Colorado Assignment of Pending Design Patent Application by Sole Inventor

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US-1014BG
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Description

In the United States, a design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers and computer icons are examples of objects that are covered by design patents.
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FAQ

A patent or patent application is assignable by an instrument in writing, and the assignment of the patent, or patent application, transfers to the assignee(s) an alienable (transferable) ownership interest in the patent or application. 35 U.S.C. 261.

Generally the person who completes the patent application is the owner of the patent and granted the rights it secures.

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.

A named patent applicant is the legal owner of a patent application or granted patent. This may be an individual or, more commonly, a company, university or other legal entity. An applicant is named as part of the patent application process and is the legal holder of the rights to any resulting granted patent.

The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either: signed an employment agreement assigning invention rights, or. were specifically hired (even without a written agreement) for your inventing skills or to create the invention.

If you do creative, engineering, design, or development work, your employer might ask you to sign an invention assignment agreement: a contract giving your employer ownership rights in inventions and intellectual property you develop during your employment.

In the US, the inventor is presumed to be the initial owner of a patent or patent application. If there is more than one inventor, there may be more than one owner. Ownership can be transferred or reassigned.

Yes, you can say ?patent pending? to indicate that you have applied for a patent on your invention. The term ?patent pending? can be used once a patent application has been filed with the USPTO and while the application is still pending registration.

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Colorado Assignment of Pending Design Patent Application by Sole Inventor