Nebraska Assignment of Pending Design Patent Application by Sole Inventor

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US-1014BG
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Description

In the United States, a design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers and computer icons are examples of objects that are covered by design patents.
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FAQ

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.

A CIP application is filed after the original (parent) application and captures new innovations done around the parent application. The CIP will have the same priority date as that of the parent application. However, any claim in the CIP that reveals new subject matter will have a new priority date.

Can a design patent application claim priority to a utility nonprovisional application? Yes, a design patent application may claim priority to a pending utility nonprovisional patent application, but not to a provisional patent application under 35 USC § 172.

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.

A Request for Continued Examination (RCE) may only be filed in utility and plant applications, while RCE is not available for design applications. A continued prosecution application (CPA) is available for design applications (and not for utility applications).

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.

A design patent application may only include a single claim. The claim defines the design which applicant wishes to patent, in terms of the article in which it is embodied or applied.

A CIP application enables the client to maintain the original design features in the patent application rather than discarding the original patent application for the original design. This enables the client to later request patent protection for the original design aspects if they so want.

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Nebraska Assignment of Pending Design Patent Application by Sole Inventor