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A U.S. provisional patent offers limited protection and does not extend internationally. To secure rights in foreign countries, you need to file separate applications in each jurisdiction. The Puerto Rico Assignment of Rights Under Patent Application and Patents That May Be Issued can guide you through filing in multiple countries for broader protection.
Puerto Rico is under U.S. jurisdiction, which governs many legal matters, including intellectual property. This structure allows patent laws to apply in the same manner as they do in the mainland U.S. Therefore, understanding the Puerto Rico Assignment of Rights Under Patent Application and Patents That May Be Issued is essential for securing your patent rights.
Yes, a U.S. patent covers Puerto Rico since it is a territory of the United States. This means that any patent granted in the U.S. provides the same rights in Puerto Rico. Thus, if you complete the Puerto Rico Assignment of Rights Under Patent Application and Patents That May Be Issued, you can enjoy patent protections valid across U.S. territories.
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.
Assignment means a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application to register has been filed.
Patent applications must satisfy the following three criteria:Novelty. This means that your invention must not have been made public not even by yourself before the date of the application.Inventive step. This means that your product or process must be an inventive solution.Industrial applicability.
A patent obtained from the United States Patent and Trademark Office (USPTO) however, will provide protection automatically in Puerto Rico.
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.
To assign patent rights, each inventor must sign an Assignment Agreement, which can be a relatively simple two-page contract. The Assignment Agreement must assign all rights to any patents that are issued relating to the patent application.
Basically speaking, a patent assignment is a legal way for an inventor to transfer ownership of a patent to a business. As you may recall, in the United States, only a person (or group of people) can be listed as the inventor of a patent; a business cannot be listed as the inventor.