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Oklahoma Assignment of Design Patent Application after Execution but Before Filing by Sole Inventor

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A patent is a grant of a property right by the Government to an inventor. The United States Constitution gives Congress the right to provide for patent protection in legislation in order to encourage useful inventions. The patent itself provides a detailed description of the invention, and how it is used or how to make it. Thus, if you obtain a patent you cannot keep the matter secret, which is the province of Trade Secret Law. However, a patent enables the owner to exclude others from making, using or selling the invention for the life of the patent. In the United States, Patents are granted by the U.S. Patent and Trademark Office in Washington, D.C.

The Oklahoma Assignment of Design Patent Application after Execution but Before Filing by Sole Inventor is a legal document that allows an inventor in the state of Oklahoma to transfer their rights to a design patent application to another party before officially filing it with the United States Patent and Trademark Office (USPTO). This assignment can be executed by a sole inventor who wishes to sell, assign, or transfer their design patent application to another individual, company, or entity. By completing this assignment, the inventor forfeits their rights to the design patent and grants all ownership and rights to the assignee. The assignment document should include essential details such as the names and addresses of both the inventor and the assignee, a description of the design patent application being transferred, as well as the agreed-upon terms and conditions of the assignment. It is crucial to ensure that the document is executed properly, with all necessary signatures and dates, to make it legally binding. The purpose of this assignment is typically to allow the inventor to monetize their intellectual property before the design patent application is filed. By transferring the rights to a design patent, the inventor can receive compensation or enter into a business agreement with the assignee. In addition to the general Oklahoma Assignment of Design Patent Application after Execution but Before Filing by Sole Inventor, there may be variations of this document depending on specific circumstances. Some possible variations include: 1. Exclusive Assignment: This type of assignment grants the assignee exclusive rights to the design patent application, preventing the inventor from transferring or assigning the rights to other parties. 2. Non-Exclusive Assignment: In contrast to the exclusive assignment, a non-exclusive assignment allows the inventor to transfer the rights to the design patent application to multiple assignees simultaneously or consecutively. 3. Partial Assignment: This variation involves transferring only a portion of the rights to the design patent application. The inventor retains some ownership or usage rights while granting the assignee partial rights. 4. Limited Time Assignment: In certain situations, an assignment may have a specific duration during which the assignee holds the rights to the design patent application. After the agreed-upon period, the rights automatically revert to the inventor. It is essential for both the inventor and assignee to ensure they understand the implications and terms of the Oklahoma Assignment of Design Patent Application after Execution but Before Filing by Sole Inventor. Seeking legal counsel or utilizing template resources can help ensure compliance with Oklahoma state laws and proper execution of the assignment process.

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How to fill out Oklahoma Assignment Of Design Patent Application After Execution But Before Filing By Sole Inventor?

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FAQ

The United States Patent and Trademark Office will accept and record only a copy of an original assignment or other document. See MPEP § 317. The document submitted for recordation will not be returned to the submitter.

Once published, you can view it by doing a patent search on the U.S. Patent Office website. On the contrary, provisional patent applications are not examined by a USPTO Patent Examiner and remain in a patent pending status at the U.S. Patent Office for a period of 12-months.

The USPTO does not require patent assignments to be notarized. The patent office only requires that the assignment be executed and signed by both the assignor and the assignee. Once an agreement is executed and signed by the parties, the assignment must be recorded with the patent office.

The best use of a provisional patent application is to establish priority rights as soon as you have an invention that can be patented. In a first to file world you want to have a filing date as soon after your conception of the invention as possible.

The provisional application never becomes a patent and does not need to be assigned. Thus, assignments are often only executed after a non-provisional application is filed.

Once the assignment is drafted and signed, it is part of the original agreement and should be treated accordingly. Depending on the nature of its terms, you may decide to have your assignment witnessed or notarized. This will limit later challenges to the validity of a party's signature.

All parties must sign the agreement, with limited exceptions in situations where the assignor cannot be reached but where enough evidence exists that documents their intentions and rights. File the patent assignment with the USPTO within three months after the agreement is signed, paying the then-current fee.

A patent or patent application is assignable by an instrument in writing, and the assignment of the patent, or patent application, transfers to the assignee(s) an alienable (transferable) ownership interest in the patent or application.

A patent assignment is an agreement where one entity (the assignor) transfers all or part of their right, title and interest in a patent or application to another entity (the assignee).

Under U.S. law, assignments must be recorded to be effective as against third parties who do not have actual knowledge of the assignment. The statute is similar to recording statutes used for recording real property. Thus, although there is no requirement to record an assignment, it is foolish not to do so.

More info

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In 1866 Henry Ford built a successful business selling cars at modest prices. A decade later, the automobile was all the rage. Today we can all be owners of a car, and it is considered normal for an American to drive to the doctor's office rather than take public transportation. In the last two centuries, America's technological innovations have shaped the world by creating new markets, products and processes that we use every day. The telephone has connected us in ways we couldn't have imagined in 1915 when it was introduced. In the mid-twentieth century, microprocessors enabled the manufacture of faster computers and led to the personal computer. Computer networking was introduced in 1971, and today computers can connect to each other to help run big data applications like search engines, which we used to perform ourselves. There are thousands of U.S. patents for technology that have helped change the world.

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Oklahoma Assignment of Design Patent Application after Execution but Before Filing by Sole Inventor