West Virginia Assignment of Rights Under Patent Application and Patents That May Be Issued
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FAQ
A patent is considered as a transferrable property that can be transferred from the original patentee to any other person by assignment or by operation of law. A patent can be licensed or assigned only by the owner of the patent.
To be patentable, the invention must be statutory, novel, useful, and nonobvious. Certain requirements, such as novelty and non-obviousness, may involve conducting a preliminary patent search with the assistance of an attorney or agent.
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.
Basically speaking, a patent assignment is a legal way for an inventor to transfer ownership of a patent to a business. As you may recall, in the United States, only a person (or group of people) can be listed as the inventor of a patent; a business cannot be listed as the inventor.
In order for a patent assignment agreement to be valid, there must be consideration or payment. It must be specified and paid at signing, even if at the time of employment.
What are the 5 requirements for obtaining a patent?The innovation is patentable subject matter. Patentable.The innovation is new (called 'novelty')The innovation is inventive.The innovation is useful (called 'utility')The innovation must not have prior use.
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). (B) An assignment can be made of record in the file of a patent application, patent, or other patent proceeding (e.g., reexamination proceeding).
A patent can be licensed or assigned only by the owner of the patent. In case of co-owners or joint- owners, a co-owner can assign or license the patent only upon consent of the other owner(s).
A patent assignment is an agreement where one entity (the assignor) transfers all or part of their right, title and interest in a patent or application to another entity (the assignee).
Patent RequirementsThe invention must be statutory (subject matter eligible)The invention must be new.The invention must be useful.The invention must be non-obvious.