Virginia Combined Declaration and Assignment
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We protect your documents and personal data by following strict security and privacy standards.
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FAQ
Rule 4.17(ii) stipulates the submission of a declaration, stating the applicant's entitlement to apply for and be granted a patent, to the designated national patent office, while Rule 51 bis.
Does a U.S. national phase application still require a declaration of inventorship? Yes, a declaration of inventorship is still necessary, though the standardized text of the PCT declaration (contained in Section 214 of the PCT Administrative Instructions) changed as from 16 September 2012.
All inventors need to be listed on a provisional patent application, but the inventors do not need to sign Declarations.
As soon as the company files a patent application, it should obtain an executed assignment from all the inventors with signatures and date of execution. The assignment should explicitly assign to the company the inventor's right to claim priority to the application.
This identity or relationship must be valid at the time the PCT application is filed. Where a U.S. priority document is filed in the name of the inventors and the PCT application is filed in the name of the owner, there must be an assignment from the inventors to the owner prior to the filing of the PCT application.
Any international application must contain the following elements: request, description, claim or claims, abstract and one or more drawings (where drawings are necessary for the understanding of the invention (PCT Article 3(2) and PCT Article 7(2)).
§111(b). A provisional application is not required to have a formal patent claim or an oath or declaration. Provisional applications also should not include any information disclosure (prior art) statement since provisional applications are not examined.
Assignment Recordation puts the USPTO on official notice pertaining to ownership of the Intellectual Property. Subject to the provisions set forth in the MPEP, patents shall have the attributes of personal property. A patent for an invention is the grant of a property right to the inventor.
