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An applicant is a person who is seeking the rights of the Patent. At the same time, the Inventor is the creator of the Intellectual Property.
Generally speaking, patent assignments should be recorded in the USPTO's Assignment Recordation Branch (ARB). While no law requires patent assignments to be recorded, failure to record an assignment may have various adverse consequences.
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.
Though the agreement is a legal document, it does not need to be notarized. However, obtaining notarization for the signatures provides added protection, limiting the risk of a party later claiming a signature was not valid.
To be valid, an assignment of the whole or a part of a patent, or of a mortgage, licence or any other interest in a patent must be in writing, duly executed, and the agreement must set out all of the terms and conditions governing the rights and obligations of the parties. Co-ownership.
An inventor has to contribute something to the conception of the invention, not merely be the supervisor of the inventor or someone that acted under the direction and supervision of the inventor. The assignee is the entity that has the property right to the patent.
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.
Clearly identify the patent being assigned: State the patent or patent application number, title, inventors, and filing date. Be signed by the assignors. Be notarized: If notarization isn't possible, have one or two witnesses attest to the signatures.