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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.
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.
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.
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.
Provisional patent applications do not need to be assigned upon filing. However, it is a good idea to get an assignment executed by an inventor(s) sooner rather than later if another person or entity intends to own the rights to the patent.
Does a U.S. national phase application still require a declaration of inventorship? Yes, a declaration of inventorship is still necessary, though the standardized text of the PCT declaration (contained in Section 214 of the PCT Administrative Instructions) changed as from 16 September 2012.
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).
Provisional application for patent filing date requirements the application as a provisional application for patent; the name(s) of all inventors; inventor residence(s); title of the invention; name and registration number of attorney or agent and docket number (if applicable); correspondence address; and.