Mississippi Assignment - Individual Inventor
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How to fill out Assignment - Individual Inventor?
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FAQ
Applicant vs Assignee patent Therefore, an applicant could be Assignee or vice-versa. The Inventor's Assignee is the person with whom the Inventor has entered into a contract. The Assignee has all the rights to exploit the invention commercially. Plus, it has given that person all the rights to deal with the Patent.
Assignment means a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application to register has been filed.
When the inventor dies, he no longer owns the patent, so there is nothing to transfer. However, if the inventor still owns the patent, he can transfer it through a will or trust. If the inventor did not have a will or trust, it will pass to heirs via intestacy law, like every other right.
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.
A patent transfer is usually accomplished through a contract, like the written agreement form that follows. However, after the parties have negotiated and signed their agreement, the transfer must be recorded with the U.S. Patent and Trademark Office (USPTO).
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.
The inventor, or inventors, for a patent application should be the person, or people, who devised, whether on their own or jointly, the invention set out in the patent application. It is therefore necessary to assess who actually devised the invention set out in the patent application.
Generally, in an employment agreement, the employee assigns all patent rights from their work to the organization. So the organization can file a patent as an applicant. Therefore, an inventor has to be an individual, but the Assignee can be an individual or a company.