Title: Washington Assignment of Pending Design Patent Application by Sole Inventor: A Comprehensive Overview Introduction: In Washington, the Assignment of Pending Design Patent Application by Sole Inventor is a significant legal process that allows inventors to transfer their rights and ownership of a pending design patent application to another party. This article aims to provide a detailed description of this assignment process, including its purpose, requirements, and the different types that may exist. Keywords: Washington, Assignment, Pending Design Patent Application, Sole Inventor 1. Definition and Purpose: The Assignment of Pending Design Patents Application refers to the legal transfer of an inventor's rights and ownership interests in a design patent application that is currently pending before the United States Patent and Trademark Office (USPTO). This process is crucial for sole inventors who wish to sell, license, or transfer their pending design patent application and associated rights to another individual or entity. 2. Key Requirements: a. Pending Design Patent Application: The inventor must have a design patent application that is pending and waiting for examination by the USPTO. b. Sole Inventor: The inventor initiating the assignment process must be the sole owner of the design patent application. c. Agreement: Both parties involved in the assignment process must enter into a written agreement that outlines the terms, conditions, and consideration involved in the transfer of rights. d. Decoration: The assignment document must be properly recorded with the USPTO to ensure the title change appears on the patent application records. 3. Types of Washington Assignment of Pending Design Patent Application by Sole Inventor: a. Total Assignment: In this type, the sole inventor assigns all rights and ownership interests in the pending design patent application to another party. The assignee becomes the new owner of the design patent application and gains the right to control and protect the patent's future. b. Partial Assignment: This type involves the transfer of only a portion of the rights and ownership interests held by the sole inventor. The assignee's rights may be limited to a specific geographic area, industry, or particular products. The sole inventor retains the remaining rights and may continue to pursue or exploit the design patent application in other areas. c. Exclusive License: This type allows the sole inventor to grant an exclusive license to another party, providing them with the right to commercialize the invention while still maintaining ownership. The licensee gains exclusive rights within a certain agreed-upon scope, while the inventor may retain some rights for non-commercial use or other purposes. d. Non-Exclusive License: This type permits the sole inventor to grant non-exclusive rights to multiple parties, allowing them to use or exploit the design patent application simultaneously. The inventor maintains ownership rights and can grant licenses to other entities or individuals, subject to the limitations agreed upon in the assignment agreement. Conclusion: The Assignment of Pending Design Patent Application by Sole Inventor in Washington is a crucial process that facilitates the transfer of rights and ownership interests. Whether through a total assignment, partial assignment, exclusive or non-exclusive license, the assignment allows sole inventors to monetize their inventions, secure partnerships, and maximize the commercial potential of their pending design patent applications.
Washington Assignment of Pending Design Patent Application by Sole Inventor
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If you do creative, engineering, design, or development work, your employer might ask you to sign an invention assignment agreement: a contract giving your employer ownership rights in inventions and intellectual property you develop during your employment.
Inventor: individual(s) who have contributed to the claimed invention. However, they may or may not have an ownership interest in the legal rights of the patent. Assignee: Organization(s) and individual(s) that have an ownership interest in the legal rights a patent offers.
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. 35 U.S.C.
- If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the ...
In the US, the inventor is presumed to be the initial owner of a patent or patent application. If there is more than one inventor, there may be more than one owner. Ownership can be transferred or reassigned.
An inventor has to contribute something to the conception of the invention, not merely be the supervisor of the inventor or someone that acted under the direction and supervision of the inventor. The assignee is the entity that has the property right to the patent.
A named patent applicant is the legal owner of a patent application or granted patent. This may be an individual or, more commonly, a company, university or other legal entity. An applicant is named as part of the patent application process and is the legal holder of the rights to any resulting granted patent.
The United States Code authorizes anyone who invents or discovers inventive subject matter to obtain a patent. An inventor is one who, alone or with others, first invents a new and useful process, machine, composition of matter, or other patentable subject matter.