Louisiana Combined Declaration and Assignment

State:
Multi-State
Control #:
US-1013BG
Format:
Word; 
Rich Text
Instant download

Description

According to the U.S. Patent and Trademark Office, a design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.
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FAQ

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.

Rule 4.17(ii) stipulates the submission of a declaration, stating the applicant's entitlement to apply for and be granted a patent, to the designated national patent office, while Rule 51 bis.

This identity or relationship must be valid at the time the PCT application is filed. Where a U.S. priority document is filed in the name of the inventors and the PCT application is filed in the name of the owner, there must be an assignment from the inventors to the owner prior to the filing of the PCT application.

Any international application must contain the following elements: request, description, claim or claims, abstract and one or more drawings (where drawings are necessary for the understanding of the invention (PCT Article 3(2) and PCT Article 7(2)).

All inventors need to be listed on a provisional patent application, but the inventors do not need to sign Declarations.

§111(b). A provisional application is not required to have a formal patent claim or an oath or declaration. Provisional applications also should not include any information disclosure (prior art) statement since provisional applications are not examined.

Warranties and Indemnities. Most patents are transferred as-is, but some patent assignment agreements have warranties and indemnities to protect the parties involved. Notarization. For a patent assignment agreement to be valid in the U.S., it must be notarized?or at least signed in front of two witnesses.

An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by their legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the original ...

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Louisiana Combined Declaration and Assignment