North Carolina 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

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.

Unfortunately, a second provisional patent application cannot claim priority to the first provisional patent application's filing date like a non-provisional can.

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.

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.

§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.

37 CFR 1.63 Inventor's oath or declaration. (a) The inventor, or each individual who is a joint inventor of a claimed invention, in an application for patent must execute an oath or declaration directed to the application, except as provided for in § 1.64 .

§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.

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North Carolina Combined Declaration and Assignment