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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.

Title: Understanding Colorado Assignment of Pending Design Patent Application by Sole Inventor Introduction: The process of securing a design patent for an invention can be a lengthy and complex journey. During this time, individuals may need to assign their pending design patent application to another entity or individual. In Colorado, the Assignment of Pending Design Patent Application by Sole Inventor serves as a legal document highlighting this transfer of rights. This article aims to provide a detailed description of what this assignment entails, its significance, and potential types of such assignments. Keywords: Colorado, Assignment of Pending Design Patent Application, Sole Inventor, transfer of rights, design patent, legal document 1. Overview of the Assignment of Pending Design Patent Application by Sole Inventor: The Assignment of Pending Design Patents Application refers to the legal transfer of ownership rights from a sole inventor to another party, allowing them to take control of the pending patent application. In Colorado, this process requires the completion of specific legal documents to ensure a smooth and valid assignment. 2. Importance and Benefits of the Assignment: a. Protecting Inventor's Interests: The assignment agreement safeguards the sole inventor's rights by ensuring proper compensation, acknowledging them as the original creator of the design patent idea, and preserving their intellectual property. b. Financial Advantages: Assigning a pending design patent application can be a strategic move that allows the inventor to monetize their invention by selling or licensing the assigned rights. c. Collaboration Opportunities: The inventor may assign their design patent to a company or entity that can further develop and market the invention, enhancing its chances of commercialization. 3. Parties Involved in the Assignment: a. Sole Inventor: The individual who originally conceived and developed the design patent idea. b. Assignee: The party or entity receiving the rights to the pending design patent application. c. Assignor: The sole inventor who willingly assigns their rights and interests to the assignee. 4. Types of Colorado Assignment of Pending Design Patent Application by Sole Inventor: a. Full Assignment: The sole inventor transfers all their rights, title, and interest in the pending design patent application to the assignee. This includes the right to file, prosecute, enforce, and benefit from any granted patent. b. Partial Assignment: In certain cases, the sole inventor may choose to assign only specific rights or aspects of the pending design patent application to the assignee while maintaining some control or involvement. c. Exclusive or Non-Exclusive Assignment: An exclusive assignment grants all rights exclusively to the assignee, preventing the sole inventor from assigning to other parties. Non-exclusive assignments allow the inventor to assign rights to multiple parties simultaneously. Conclusion: Understanding the Colorado Assignment of Pending Design Patent Application by Sole Inventor is crucial for inventors looking to effectively navigate the patenting process and protect their intellectual property. This legal agreement allows sole inventors to transfer their rights, monetize their invention, and collaborate with entities that can bring their innovation to market. It is essential to consult legal professionals to ensure compliance with all relevant laws and regulations.

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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