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To transfer patent ownership to a company or another entity, each inventor must sign a document called a patent assignment which should then be recorded with the USPTO. First-time patent clients sometimes hesitate to identify inventors, especially when the principals of the company are not the inventors.
It isn't required that you file a patent assignment application with the USPTO, but most patent attorneys urge you to do so, as it provides a record of the transfer of ownership. Unlike in a copyright contract, only the assignor-inventor of a patent has to sign the form, while the assignee does not.
We recommend filing an ADS or application data sheet in any provisional or nonprovisional application to ensure that the Patent Office has the data that it needs and in the form that it wants the data to reduce errors.
In addition to the description, the provisional application must include: all drawings necessary to understand the invention; the names of all inventors; the appropriate filing fee (approximately $125 for individual inventors); and. a cover sheet that identifies the invention.
For a patent to issue to an assignee, the assignment must have been recorded or filed for recordation in ance with 37 CFR 3.11. See 37 CFR 3.81(a). (B) An assignment can be made of record in the file of a patent application, patent, or other patent proceeding (e.g., reexamination proceeding).
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.
An applicant is a person who is seeking the rights of the Patent. At the same time, the Inventor is the creator of the Intellectual Property.
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.