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14 Cards in this Set

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  • Back
Can inventorship be changed?
No, inventorship is a legal determination which cannot be changed by an agreement
What does ownership mean?
Ownership refers to the party who has controlling interest in a patent or a patent application
Patents can be bought or sold like property
Owners can be either corporations or individuals
Can an owner control patent prosecution and exclude the inventor from gaining access?
Yes, but if the ownership is under dispute, court interpretation may be required to determine who is the actual owner
What does inventorship mean?
It is a legal definition of true inventors of a patent
If inventorship is wrong, a patent is invalid unless correctable and corrected
It can be excluded from participation if assigned and owner requests
The Patent Office can determine inventorship
It must be a person or persons; not a corporation or other entity
What is the difference between ownership and inventorship?
While ownership can be changed, inventorship is a legal definition
While ownership can be a company, inventorship must only be a human being
While ownership must be determined by courts, inventorship can be determined by the Patent Office
Are you required to record assignments in the PTO?
No, recording is voluntary but does serve as proof in case of future problems
What must a document contain in order to be recordable?
It must be in English
It must be identified by an application number or patent number and filing date
It must include the name of each inventor
A required fee
One-sided paper only
It must have a cover sheet conveying necessary information (MPEP 302.07)
Can multiple patents or applications be listed on an assignment?
Yes, multiple patents or applications can be listed
Do a continuation or CIP require a separate application?
A continuation and divisional application does not require a separate application, but a CIP does
What restrictions do employees of the Patent Office have in terms of applying for or acquiring any interest in a patent?
Employees are forbidden during their period of employment and one year thereafter, unless the patent is inherited or bequested
When can a buyer take title to a patent over a first buyer?
If first buyer fails to record the assignment within three months prior to second assignment, whichever is later
When the second buyer took it for consideration
When the second buyer was without notice and acted under color of title
If a granddaughter inherits a patent that is sold, but the sale is not officially recorded, does the granddaughter own the patent?
No, the granddaughter does not own the patent because it was given to her without consideration
Must a legal assignment be in English?
No, it need not be in English or be recordable to legally transfer title
In the case of Joint Owners, who can carry out acts that would otherwise infringe the patent? Assume an absence of an internal agreement between the two parties.
Either inventor