Chapter 300: Ownership and Assignment
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.
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The Executive Summaries from the main chapter sections have been copied here for your convenience (subsections are not included here). They will help you remember what each main section of the Guidebook (MPEP) covers as you answer the questions from the quizzes above.
This section defines common terms and issues dealing with the ownership/assignability of patents and applications including ownership, assignment, licensing, individual and joint inventorship, making the assignment of record, and accessibility.
Discusses recording assignment documents including translations, identifying the patent or application, cover sheets, and facsimile submissions.
Certified copies of patent applications as filed do not include an indication of assignment documents. Applicants desiring an indication of assignment documents of record should request separately certified copies of assignment documents and submit the fees required.
In the case of a division or continuation application, a prior assignment recorded against the original application is applied (effective) to the division or continuation application because the assignment recorded against the original application gives the assignee rights to the subject matter common to both applications.
Discusses when a patent can issue to a non-applicant assignee. Essentially, for a patent to issue to an assignee, the request must be filed no later than the day the issue fee is paid.
Where a patent is granted on an application filed by a person other than the inventor, the Office must grant the patent to the real party of interest. Applicants, other than the inventor, are required to notify the Office of any change in the real party of interest in reply to a notice of allowance.
In addition to assignments and documents required to be recorded, documents affecting title to a patent or application will be recorded in the Assignment Division of the United States Patent and Trademark Office (Office).
The Office does not process requests for “indexing” or “cross-referencing” additional patent numbers or application numbers against a document, other than an assignment, previously recorded in the Assignment Division.
The recording of a document is not a determination by the Office of the validity of the document or the effect that document has on the title to an application or patent. When necessary, the Office will determine what effect a document has, including whether a party has the authority to take an action in a matter pending before the Office.
This section covers the procedures for the correction or errors in a recorded assignment. In order to correct errors in a recorded assignment, a correction document must be submitted. The requirements of this correction document are outlined in this section including correcting errors in recorded cover sheets, typographical errors in both the cover sheet and the document itself, changes to names of the recorded party, and expungement of assignment records.
This section outlines the rules for an assignee to take action in an application filed before September 16, 2012. Items covered include the documents the owner or assignee (other than a juristic entity) can sign, establishing ownership, and the rules for continuing or divisional applications filed prior to September 16, 2012. In addition, this section also discusses RCE's, who may sign the submission establishing ownership, when ownership must be established, and when it need not be established. This section also discusses the topic of multiple assignees and conflicting assignment statements.
This section outlines the rules for an assignee to take action in an application filed on or after September 16, 2012. Items covered include the documents the owner or assignee (other than a juristic entity) can sign, establishing ownership, and the rules for continuing or divisional applications. In addition, this section also discusses RCE's, who may sign the submission establishing ownership, when ownership must be established, and when it need not be established. This section also discusses the topic of multiple assignees and conflicting assignment statements.
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