A Delaware Assignment of Pending Design Patent Application by Sole Inventor refers to a legal document that involves the transfer of ownership rights of a design patent application from a sole inventor to another individual or entity in the state of Delaware. This assignment is crucial in the event an inventor wants to sell, license, or assign their pending design patent application to someone else prior to it being granted. Keywords: Delaware, Assignment, Pending Design Patent Application, Sole Inventor, Ownership Rights, Transfer, Sell, License, Grant. There are different types of Delaware Assignment of Pending Design Patent Application by Sole Inventor, based on the nature and purpose of the assignment. These can include: 1. Complete Assignment: A complete assignment refers to the transfer of all ownership rights, title, and interest in the pending design patent application from the sole inventor to the assignee. In this type, the sole inventor relinquishes all control and ownership over the application and transfers it entirely to the assignee. 2. Partial Assignment: A partial assignment involves the transfer of only a portion of the ownership rights, title, or interest in the pending design patent application. The sole inventor retains partial ownership and control over the application, while the assignee gains a specific share or limited rights. 3. Exclusive Assignment: An exclusive assignment grants the assignee the sole and exclusive right to the pending design patent application. In this type of assignment, the sole inventor cannot transfer or license the application to any other individual or entity besides the assignee. 4. Non-exclusive Assignment: This type of assignment allows the sole inventor to transfer or license the pending design patent application to multiple parties simultaneously. In a non-exclusive assignment, the inventor can enter into agreements with various assignees, granting them the right to use, produce, or license the design covered by the pending patent application. 5. Conditional Assignment: A conditional assignment is subject to certain conditions or requirements specified by either the sole inventor or the assignee. These conditions must be met or fulfilled for the assignment to be valid and enforceable. 6. Royalty-based Assignment: In this type of assignment, the assignee agrees to pay royalties or licensing fees to the sole inventor based on the future commercialization or use of the design covered by the pending patent application. The terms and conditions of royalty payments are typically outlined in a separate licensing agreement. It is essential to engage legal professionals specializing in intellectual property law to draft and execute a Delaware Assignment of Pending Design Patent Application by Sole Inventor, ensuring the validity and enforceability of the assignment.
Delaware Assignment of Pending Design Patent Application by Sole Inventor
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FAQ
When Can You Say "Patent Pending"? It is appropriate to add the term "patent pending" to your product or process as soon as your provisional patent application has been submitted to the USPTO and has been dated. You can use that designation for up to one year without filing for an extension.
In order to obtain the benefit of the filing date of a provisional application, the claimed subject matter in the later filed nonprovisional application must have support in the provisional application. If there are multiple inventors, each inventor must be named in the application.
Utility patent applications may claim the benefit of a provisional application for up to 12 months, but design patent applications may not claim priority to a provisional patent application.
37 CFR 1.48(d) ? PROVISIONAL APPLICATION. 37 CFR 1.48(d) provides for correcting inventorship in provisional applications. Under 37 CFR 1.41(c), the inventorship of a provisional application is the inventor or joint inventors set forth in the cover sheet as prescribed by 37 CFR 1.51(c)(1).
You cannot amend a provisional patent application. You must file a second provisional patent application or a nonprovisional patent application that includes the new features or benefits. The priority date of the new features or benefits will be the filing date of the second PPA or the NPA.
Procedure for adding an inventor to a patent application The applicant for the patent can make a request to the Controller to add a person as one of the inventors, if the person who has to be added as the inventor is also the applicant or is at least one of the applicants.
You could also include additional details in a series of subsequent provisional applications filed within 12 months of the first provisional, and then consolidate all the details into a single non-provisional application filed within 1 year of the first provisional application.
You may be wondering, ?How long does it take to get a design patent?? A typical design patent will take between one and three years for approval. This may depend on whether the design is issued instantly, whether there is a dispute with the USPTO, or if modification for formal issues is required.