The International Convention for the Protection of Industrial Property was first signed in Paris in 1883. The document itself is known as the Paris Convention. The convention has been revised many times and its current language encompasses patents, trademarks, and industrial designs. As of November 2008, there were 173 contracting parties to the Paris Convention.
The Paris Convention established some important international protocols to deal with multi-national patent filings. It both protects some rights of those who file international applications, and governs procedure for how signatory states should treat these patent filings. Most importantly, the Paris Convention included the vital concept of “priority". This means that under the Paris Convention, patent applicants are granted the date of their first filing as the active application date for patent applications in all additional Paris Union countries, for up to 12 months after filing the original application.
Another useful function of the Paris Convention treaty is that it contains provisions to ensure that intellectual property holders who are non-residents and non-nationals of a Paris Union country are given the same expectations and rights under the law as nationals of said country.Title: New Mexico Assignment of Pending Application by Sole Inventor — Paris Convention Introduction: The New Mexico Assignment of Pending Application by Sole Inventor — Paris Convention refers to a legal process that allows an inventor, who is the sole owner of a pending patent application, to assign their rights to another party. This assignment process is governed by the provisions of the Paris Convention for the Protection of Industrial Property. In New Mexico, different types of assignments exist, each serving a specific purpose and involving specific procedures. Types of New Mexico Assignment of Pending Application by Sole Inventor — Paris Convention: 1. Voluntary Assignment: A voluntary assignment occurs when a sole inventor willingly transfers their rights and ownership of a pending patent application to another party. This assignment may involve a monetary consideration or other forms of compensation. The Paris Convention provides guidelines for the voluntary assignment process, ensuring that both parties' interests are protected. 2. Involuntary Assignment: An involuntary assignment refers to situations where a sole inventor is legally compelled to transfer their rights and ownership of a pending patent application to another party. This type of assignment often occurs due to court orders, bankruptcy proceedings, or other legal obligations. The Paris Convention provisions play a significant role in safeguarding the rights of all parties involved during an involuntary assignment. 3. Partial Assignment: In certain cases, a sole inventor may choose to assign only a portion of their rights and ownership of a pending patent application to another party. This partial assignment allows the inventor to retain some control over the invention or maintain rights in specific jurisdictions. The Paris Convention ensures that partial assignments are properly documented and recognized to avoid any disputes or conflicts. 4. Exclusive Assignment: An exclusive assignment takes place when a sole inventor transfers all their rights and ownership of a pending patent application to a single party, thereby granting exclusive rights to that party. This means that no other person or entity can exploit or use the invention without the permission of the assignee. The Paris Convention outlines the requirements and legal framework for executing an exclusive assignment and ensures the assignee's exclusive rights are protected. Conclusion: In conclusion, the New Mexico Assignment of Pending Application by Sole Inventor — Paris Convention offers a legal mechanism for sole inventors to assign their rights and ownership of pending patent applications. The various types of assignments cater to different scenarios and requirements, such as voluntary or involuntary assignments, partial or exclusive assignments. Adhering to the provisions of the Paris Convention is crucial to ensuring a smooth and legally binding assignment process, protecting the interests of all parties involved in the assignment of a pending application.
