Assignment of Pending Design Patent Application by Sole Inventor
Overview of this form
The Assignment of Pending Design Patent Application by Sole Inventor is a legal document that allows an inventor to transfer their rights to a design patent application to another party, known as the assignee. This form ensures that the assignee receives full ownership of the invention as outlined in the application, which is essential for protecting the ornamental design of functional items. This form is distinct from other types of patent assignments due to its specific focus on design patents, which cover unique visual features of products rather than their functional aspects.
Main sections of this form
- Date of assignment execution.
- Names and addresses of the inventor and assignee.
- Description of the invention covered by the design patent application.
- Warranties by the inventor regarding previous agreements.
- Governing law and arbitration provisions.
- Signatures of the inventor and acknowledgment of the assignment.
When to use this document
This form should be used when a sole inventor wishes to formally assign their rights to a design patent application to another person or entity. This scenario might occur when an inventor seeks to commercialize their invention through a partnership, sell the rights, or when a business acquires the rights to further develop or market the design. Properly completing this assignment helps to avoid future disputes over ownership and ensures that the assignee has all necessary rights once the patent is granted.
Who this form is for
- Sole inventors looking to transfer their design patent application rights.
- Businesses seeking to acquire design patents from individual inventors.
- Attorneys representing inventors or assignees in patent transactions.
Steps to complete this form
- Enter the date of the assignment.
- Provide the names and addresses of both the inventor and the assignee.
- Describe the design invention that is the subject of the application.
- Sign and date the form in the presence of any required witnesses or notaries.
- Attach a copy of the design patent application as Exhibit A, if required.
Does this document require notarization?
This form does not typically require notarization unless specified by local law. Users should confirm specific requirements that may apply in their jurisdiction.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to include accurate names and addresses of both parties.
- Not properly describing the invention or application.
- Neglecting to sign the form or have signatures witnessed if necessary.
Benefits of completing this form online
- Convenient access to a standardized legal form.
- Ability to download and store the form for future use.
- Editability to tailor the form to specific needs.
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FAQ
Use EPAS to create and submit a Patent Assignment Recordation Coversheet by completing on-line web forms and attaching the supporting legal documentation as black and white TIFF or PDF for submission via the internet. You may email questions about filing electronic patent assignments to EPAS@uspto.gov .
You can change some information in your trademark application after you receive a Notice of Publication or a Notice of Allowance and before your mark is registered, but not all changes are allowed.
So, before you apply to register a trademark, search to see if someone else already registered that trademark or a similar one.We have resources that can help you search our database of registered and pending trademarks: Discover our Trademark Electronic Search System (TESS) and what to expect.
Section 10(a)(1) of the Lanham Act, commonly referred to as the anti-assignment or anti-trafficking provision, provides that no intent-to-use trademark application can be assigned prior to filing an amendment to allege use or a statement of use, except to a successor of the ongoing and existing business, or portion
Trademark pending indicates that an application for trademark protection is in review with the United States Patent and Trademark Office (USPTO). You can use symbols (TM, SM) next to your symbol, mark, logo, word, phrase, or design that indicate the trademark pending status.
Recordation of the assignment provides legal notice to the public of the assignment.For a patent to issue to an assignee, the assignment must have been recorded or filed for recordation in accordance with 37 CFR 3.11. See 37 CFR 3.81(a).
An Intent-To-Use (ITU) trademark application cannot be assigned to a new owner prior to the original applicant filing evidence of use.
If a patent is pending, it may be included but must be designated as pending either under a separate category or within a 'Patents and Patent Applications' category and then designated as such(e.g. "US Patent Application 4564848...)
