Miami-Dade Florida Assignment of Rights Under Patent Application and Patents That May Be Issued
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Legal Assignment: An assignment (or an agreement to assign) of an existing patent is a legal assignment, where the assignee may enter his name as the patent owner. A patent which is created by deed can only be assigned by a deed. A legal assignee entitled as the proprietor of the patent acquires all rights thereof.
An assignment of patent is a transfer of all the proprietary rights by the patentee to the assignee. Simultaneously, the license is the right granted to work the invention by withholding the patentee's proprietary rights.
Remember that the Assignor can transfer all or part of its interest in the Patents. If the entire property is being transferred, use the word ?all.? If only part of an Invention or Patent is being transferred, specify the amount being assigned (e.g., one-half, one-quarter, etc.).
Though the agreement is a legal document, it does not need to be notarized. However, obtaining notarization for the signatures provides added protection, limiting the risk of a party later claiming a signature was not valid.
The USPTO's assignment search database, also known as Assignments on the Web (AOTW), includes all recorded patent assignments submitted to the USPTO since August 1980, and is searchable by assignment, correspondent, assignor, assignee, patent numbers and invention title.
Assignee: Organization(s) and individual(s) that have an ownership interest in the legal rights a patent offers. There may or may not be an assignee. An assignee is often the organization employing the inventor of the technology. An assignee can also change at a later date.
If you have decided to go ahead and assign patent rights to your company, you must draft an Assignment Agreement. This Assignment Agreement must have language that assigns all rights to any and all patents related to a specific patent application. This Assignment Agreement must be signed by all inventors of the patent.
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.
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.
