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.The New York Assignment of Pending Application by Sole Inventor — Paris Convention refers to a legal process in which the patent rights for an invention, which is the subject of a pending patent application, are transferred from the sole inventor to another party located in New York. This assignment is made in accordance with the provisions of the Paris Convention for the Protection of Industrial Property. Under the Paris Convention, patent applicants who have filed an application in one member country can enjoy certain rights and protections when seeking patent protection in other member countries. The assignment of a pending application is one such right that allows the sole inventor to transfer their patent rights to a third party. There are several types of New York Assignment of Pending Application by Sole Inventor — Paris Convention, which may vary based on the specific circumstances: 1. Full Assignment: This type of assignment involves the complete transfer of all patent rights and ownership of the pending application from the sole inventor to the assignee. The assignee becomes the new owner of the invention and assumes all responsibilities and rights associated with the pending application. 2. Partial Assignment: In a partial assignment, only a portion of the patent rights and ownership of the pending application is transferred to the assignee. The sole inventor may retain certain rights or retain partial ownership of the invention. 3. Exclusive Assignment: An exclusive assignment grants exclusive rights to the assignee, prohibiting the sole inventor from assigning or licensing the invention to any other party. The assignee has the sole authority to exploit, license, or enforce the patent rights associated with the pending application. 4. Non-Exclusive Assignment: In a non-exclusive assignment, the sole inventor retains the right to assign, license, or share the invention with multiple parties. The assignee holds certain rights but does not have exclusive control over the pending application. When executing a New York Assignment of Pending Application by Sole Inventor — Paris Convention, it is crucial to adhere to the specific requirements and formalities prescribed by the Paris Convention, national patent laws, and relevant jurisdictions. Professional legal assistance is highly recommended ensuring all necessary steps are followed accurately. In conclusion, the New York Assignment of Pending Application by Sole Inventor — Paris Convention enables the transfer of patent rights from a sole inventor to another party in New York. These assignments can take various forms, such as full, partial, exclusive, or non-exclusive assignments, depending on the specific circumstances and agreements between the parties involved.
