Orange California Assignment of Pending Design Patent Application by Sole Inventor
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How to fill out Assignment Of Pending Design Patent Application By Sole Inventor?
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FAQ
Steps to Filing a Patent Application Keep a Written Record of Your Invention. Record every step of the invention process in a notebook.Make Sure Your Invention Qualifies for Patent Protection.Assess the Commercial Potential of Your Invention.Conduct a Thorough Patent Search.Prepare and File an Application With the USPTO.
Steps to File a Patent Assignment Fill Out a Recordation Form Cover Sheet. The Recordation Form Cover Sheet is an official USPTO document.Complete a Patent Assignment Agreement.Sign the Patent Assignment Agreement.Submit the Patent Assignment.
Use EPAS to create and submit a Patent Assignment Recordation Coversheet by completing on-line web forms and attaching the supporting legal documentation as black and white TIFF or PDF for submission via the internet. You may email questions about filing electronic patent assignments to EPAS@uspto.gov .
A petition drawing is needed when filling a provisional patent to the USPTO even though applicants can file color drawings with provisional applications.
Using Patent Pending Protection Suppose someone takes your invention, makes it, and sells it while your application is pending. You can send them a letter to tell the person that you've had a patent application published. In the letter, you can encourage them to license your invention.
Clearly identify the patent being assigned: State the patent or patent application number, title, inventors, and filing date. Be signed by the assignors. Be notarized: If notarization isn't possible, have one or two witnesses attest to the signatures.
Using Patent Pending Protection No one has to respond to the letter by law. After receiving the letter, competitors may make changes to the product so that it's different from the product described in the published patent application. In other cases, the person may stop making your product or negotiate a license.
A patent pending is a clear demonstration of an inventor's intent to pursue protection of an idea. However, the full scope of protection or indeed whether a patent will even be issued is far from certain. It's possible that a patent pending will stop aggressive competitors from attempting to copy your idea.
To assign patent rights, each inventor must sign an Assignment Agreement, which can be a relatively simple two-page contract. The Assignment Agreement must assign all rights to any patents that are issued relating to the patent application.
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.