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. A patent enables the owner to exclude others from making, using or selling the invention for the life of the patent.
Washington Assignment of Rights in Invention Prior to Execution of Application refers to the legal procedure in the state of Washington where an inventor transfers their rights to an invention to another party before submitting a patent application. This process ensures that the inventor's rights and ownership of the invention are properly protected and assigned. Under Washington state law, there are various types of Assignment of Rights in Invention Prior to Execution of Application that can be employed based on the specific circumstances. Here are some common types: 1. General Assignment of Rights: This type of assignment grants the assignee (the party receiving the rights) complete ownership and control over the invention, allowing them to make, use, and sell the patented invention as they see fit. 2. Limited Assignment of Rights: In some cases, an inventor may choose to assign only specific rights to the assignee, limiting their control over the invention. For example, the assignee may be granted the right to manufacture and sell the invention but not the right to license or sublicense it to others. 3. Exclusive Assignment of Rights: This type of assignment gives the assignee exclusive rights to the invention, meaning that no one else, including the inventor, can use or exploit the invention without the assignee's permission. The assignee has sole authority over the invention in question. 4. Non-Exclusive Assignment of Rights: This assignment grants the assignee the rights to use and exploit the invention, but it does not prevent the inventor from transferring similar rights to other parties or using the invention themselves. 5. Assignment with Diversionary Interest: Under this type of assignment, the inventor reserves the right to reclaim ownership of the invention in case certain conditions are met, typically if the assignee fails to fulfill their obligations or meet specific performance criteria. 6. Conditional Assignment of Rights: This assignment is contingent upon specific conditions being met, such as reaching a certain sales milestone or obtaining regulatory approval. If the conditions are not fulfilled within a specified timeframe, the assignment may be terminated. It is important for inventors and assignees in Washington to carefully consider the specific type of assignment that best suits their needs before executing an application for a patent. Seeking legal counsel is highly advised to ensure compliance with state laws and to protect the interests of both parties involved.
