The International Convention for the Protection of Industrial Property was first signed in Paris in 1883. The document itself is known as the Paris Convention. The convention has been revised many times and its current language encompasses patents, trademarks, and industrial designs. As of November 2008, there were 173 contracting parties to the Paris Convention.
The Paris Convention established some important international protocols to deal with multi-national patent filings. It both protects some rights of those who file international applications, and governs procedure for how signatory states should treat these patent filings. Most importantly, the Paris Convention included the vital concept of “priority". This means that under the Paris Convention, patent applicants are granted the date of their first filing as the active application date for patent applications in all additional Paris Union countries, for up to 12 months after filing the original application.
Another useful function of the Paris Convention treaty is that it contains provisions to ensure that intellectual property holders who are non-residents and non-nationals of a Paris Union country are given the same expectations and rights under the law as nationals of said country.Title: Wisconsin Assignment of Pending Application by Sole Inventor — Paris Convention: Overview and Types Introduction: In the realm of intellectual property rights, a Wisconsin Assignment of Pending Application by Sole Inventor — Paris Convention refers to the transfer of ownership rights from a sole inventor to another party concerning an application filed under the Paris Convention. This legal instrument enables the inventor to assign their pending patent application to a new owner, granting them rights to the application's potential future patent. In Wisconsin, various types of assignment are available to provide flexibility and address specific circumstances. This article will present a detailed description of the overall process and highlight the different types of Wisconsin Assignment of Pending Application by Sole Inventor — Paris Convention. 1. Understanding the Paris Convention: The Paris Convention for the Protection of Industrial Property is an international treaty governing intellectual property rights, including patents. It provides a framework for countries to harmonize their patent application filing requirements and establishes minimum standards of protection. Under the Paris Convention, inventors can file patent applications in multiple countries while enjoying the benefit of priority filing date for their inventions. 2. Wisconsin Assignment of Pending Application by Sole Inventor: The Wisconsin Assignment of Pending Application by Sole Inventor allows sole inventors to transfer their rights in a pending patent application to another individual or entity. This type of assignment is designed to ensure a smooth transition of ownership and allows the assignee to prosecute the application further until patent grant. 3. Types of Wisconsin Assignment of Pending Application by Sole Inventor — Paris Convention: a. Absolute Assignment: An absolute assignment involves the complete transfer of all the inventor's rights and interests in the pending application to the assignee. Here, the assignee assumes full control of the patent prosecution process and the potential future patent rights. b. Limited Assignment: In the case of a limited assignment, the sole inventor transfers only specific rights or interests in the application to the assignee. This type of assignment can be tailored to assign only certain claims, rights to sublicensing, or limited territories, depending on the requirements of the parties involved. c. Conditional Assignment: A conditional assignment includes certain terms or conditions to be fulfilled before the transfer of ownership becomes effective. Such conditions might include successful patent grant, commercialization milestones, or financial agreements between the parties. This type of assignment provides more flexibility and safeguards the inventors' interests. 4. Process of Wisconsin Assignment of Pending Application by Sole Inventor — Paris Convention: The process involves the following steps: a. Drafting the Assignment Agreement: The inventor and assignee must enter into a legally binding assignment agreement that outlines the terms of the assignment, including consideration, rights transferred, and conditions, if any. It is recommended to engage legal professionals experienced in intellectual property law to ensure compliance with relevant regulations. b. Recording the Assignment: Once the agreement is signed, the patent assignment should be recorded with the Wisconsin Secretary of State or another designated authority. Recording the assignment establishes a public record of the transfer and protects the assignee's rights against any potential claims by third parties. c. Prosecuting the Pending Application: Following the assignment, the new owner (assignee) assumes responsibility for the patent application's further prosecution, including responding to office actions, conducting prior art searches, and fulfilling any procedural requirements until the patent is granted. Conclusion: Wisconsin Assignment of Pending Application by Sole Inventor — Paris Convention is a vital mechanism for transferring ownership rights in a pending patent application. It allows inventors to assign their rights to another party, ensuring that their invention continues to be developed and protected. Wisconsin offers various types of assignment to accommodate different circumstances, such as absolute, limited, and conditional assignments. By understanding the process and available options, inventors can make informed decisions regarding the transfer of their pending patent applications.
