How do I record a patent assignment with the USPTO?

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.

What is patent assignment?

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.

How do I find patent assignments?

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.

Does a patent assignment need to be recorded?

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.

Can patent assignment be signed electronically?

Patent Assignments Filed in the United States Under the ESIGN and UETA, electronic signatures are afforded the same legal effect as handwritten signatures.

Who owns a patent inventor or assignee?

A patent application and any resulting patent is owned by the inventor(s) of the claimed invention, unless a written assignment is made or the inventors are under an obligation to assign the invention, such as an employment contract.

How much does it cost to assign a patent?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Does a patent assignment need to be signed by both parties?

All parties must sign the agreement, with limited exceptions in situations where the assignor cannot be reached but where enough evidence exists that documents their intentions and rights. File the patent assignment with the USPTO within three months after the agreement is signed, paying the then-current fee.

How do I file a patent assignment?

RECORDING A PATENT ASSIGNMENT WITH THE USPTO So the patent owner should record the assignment through the USPTO’s Assignment Recordation Branch. They can use the Electronic Patent Assignment System (EPAS) to file a Recordation Cover Sheet along with a copy of the actual patent assignment agreement.

Does USPTO assignments need to be notarized?

The USPTO does not require patent assignments to be notarized. The patent office only requires that the assignment be executed and signed by both the assignor and the assignee. Once an agreement is executed and signed by the parties, the assignment must be recorded with the patent office.

Is DocuSign acceptable for USPTO?

The USPTO does accept DocuSign and equivalent electronic signatures, but only for papers submitted to the USPTO electronically. As an alternative to a “wet” handwritten signature, inventors and applicants can also use the USPTO “S-signature” option on any paper filed at the USPTO.

Can provisional patents be assigned?

You can assign a provisional patent just like you would a nonprovisional, or utility, patent, which is one that has already been issued.

How many patents has the USPTO issued?

In the fiscal year of 2021, a total number of 374,006 patents were granted at the U.S. Patent and Trademark Office. This is an increase from the fiscal year of 2000, when 182,218 patents were…

How to slow down patent prosecution with the USPTO?

Slowing Down Patent Issuance. There are many strategies and situations where slowing down the patent from issuing is an enormous benefit to the client. Personally, I take a very proactive approach to making the patent issue as late as possible where this is needed, such as filing a provisional application.

How to assign a patent?

Fill Out a Recordation Form Cover Shee t The Recordation Form Cover Sheet is an official USPTO document.

  • Complete a Patent Assignment Agreement The patent assignment agreement should list the assignor (s) and the assignee (s).
  • Sign the Patent Assignment Agreement All patent owners and assignees must sign the patent assignment agreement.

    • What does assignment of patents mean?

    Assignment of Rights – Patent Issued: This is for patents that have already been issued.

  • Assignment of Rights – Patent Application: This is for patents still in the application process.
  • Assignment of Intellectual Property Rights – No Patent Issued or Application Filed: This is for unregistered inventions with no patent.
  • Exclusive Rights