Franklin Ohio Assignment of Design Patent Application after Execution but Before Filing by Sole Inventor
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How to fill out Franklin Ohio Assignment Of Design Patent Application After Execution But Before Filing By Sole Inventor?
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FAQ
When the owner of an application or registration discovers that another party has improperly recorded an assignment or name change against the owner's application or patent, the owner must correct the error by having a corrected cover sheet filed with the Assignment Services Division.
Assignment means a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application to register has been filed.
An "assignment" is the document that is the legal record of this transfer from one mortgagee to another. In a typical transaction, when the mortgagee sells the debt to another bank, an assignment is recorded, and the promissory note is endorsed (signed over) to the new bank.
A patent transfer is usually accomplished through a contract, like the written agreement form that follows. However, after the parties have negotiated and signed their agreement, the transfer must be recorded with the U.S. Patent and Trademark Office (USPTO).
Under U.S. law, assignments must be recorded to be effective as against third parties who do not have actual knowledge of the assignment. The statute is similar to recording statutes used for recording real property. Thus, although there is no requirement to record an assignment, it is foolish not to do so.
You can assign a provisional patent just like you would a nonprovisional, or utility, patent, which is one that has already been issued.
The original owner should record the assignment or name change with the USPTO's Assignment Recordation Branch by filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.
Patent assignment transfers your ownership rights in your patent from yourself to your company. This means that once you assign the patent, you transfer all ownership and control of that patent and its intellectual property rights as the patent inventor to another entity/company, known as an assignee.
Furthermore, a request to change the applicant under 37 CFR 1.46(c)(2) should not be filed after the patent has issued because such a request cannot be granted. For correction of an inventor's name, see 37 CFR 1.48 and MPEP § 602.01(c)(2).
The original owner should record the assignment or name change with the USPTO's Assignment Recordation Branch by filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.