You are here:  Ed9 07.2015 Guidebook  » Chapter 300

Chapter 300: Ownership and Assignment


Summary

Rankings

Frequency

Training

Video Digest

Mind Map

Objectives

Key Terms

 

 

   Summary:

Inventorship is always granted to the individual who invented the subject matter of the patent. However, the inventor(s) may sell or transfer the rights to the invention via an assignment. This chapter discusses several topics pertaining to assignments; including the recording and establishment of the assignment by the PTO.

Ownership and assignment are tested on the patent bar exam to a small extent. You may expect a question or two relating to the details of recording assignments. Pay close attention to the section dealing with issuing a patent to an assignee and the proper signatures involved. The PTO loves to ask questions referring to who may or may not sign a particular type of document.

 

   Chapter Ranking Chart:

Importance Ranking:
2-Stars
  
Volume of Material:
1-Star
  
Complexity:
2-Stars
  
Overall Score:
1.7
  

 

 

   MPEP Section Frequency:
Key
2
4
6
8
10
301.01
   
302
   
303
   
306
   
307
   
309
   
317.03
   
324
   

 


   Patent Training Workshop Videos:

 


   Video Digest:



   Mindmap:


   Objectives
  • Become familiar with ownership and assignment.
  • Learn the details of recording assignments.
  • Know who needs to sign which documents.
  • Learn who the patent issues to when an assignment has been made.
  • Determine which cases require the establishment of ownership.
  • Know the following rules:

37 C.F.R. 1.12

Assignment records open to public inspection.

37 C.F.R. 1.323

Certificate of correction of applicant’s mistake.

37 C.F.R. 1.324

Correction of inventorship in patent, pursuant to 35 U.S.C. 256.

37 C.F.R. 3.73

Establishing right of assignee to take action.

37 C.F.R. 3.81

Issue of patent to assignee.

   Key Terms