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12 Cards in this Set
- Front
- Back
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Can a patent be assigned?
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Yes, patents are assignable in law by an instrument in writing
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Describe the ownership right of a patent.
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It gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing into the U.S. the invention claimed in the patent
NOTE: it does NOT give the right to make, use, offer for sale,sell, or import the claimed invention |
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In whom is the ownership of a patent initially vested?
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in the named inventors of the patent
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In general, what is assignment?
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It is the act of transferring
to another the ownership of one’s property |
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What is the assignment of patent rights?
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a transfer by a party of all or part of its right, title and interest in a patent or patent application
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What is an assignment of a patent or patent application?
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the transfer to another of a party’s entire ownership interest or a percentage of that party’s ownership interest in the patent or application
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What is a patent license?
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a contractual agreement that the patent owner will not sue the licensee for patent infringement if the licensee makes, uses, offers for sale, sells, or imports the claimed invention, as long as the licensee fulfills its obligations and operates within the bounds delineated by the license agreement (ex. use, geographic, or time limits)
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What is an exclusive license?
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prevents the patent owner (or any other party to whom the patent owner might wish to sell a license) from competing with the exclusive licensee, as to the geographic region, the length of time, and/or the field of use, set forth in the license agreement
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Describe individual ownership.
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Individual entity may own the entire right, title and interest of the patent
property - occurs when there is only one inventor (who has not assigned) OR if the patent property is assigned by all to one party |
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Describe joint ownership.
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Multiple parties may together own the entire right, title and interest of the patent property
- Occurs when there are multiple partial assignees OR multiple inventors (who have not assigned) OR combination of both |
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What are the two ways an assignment can be made of record in the USPTO?
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(1) In the assignment records of USPTO
(2) In the file of a patent application, patent or other proceeding |
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What are the differences in the two ways of making the assignment of record?
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Assignment filed in records provides legal notice to the public of the assignment
Assignment in the patent file is necessary to permit the assignee to handle or prosecute the case in lieu of the inventor |
