Decoded: Technology Law Insights, Volume 2, Issue 22

Assignment and Recordation of Patent Ownership Rights -

A patent has the attributes of intangible personal property: it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing. An assignment is such an instrument and may transfer the entire interest or a partial interest in the patent. The assignee becomes the owner of the patent and has the same rights that the original patentee had. There may also be a territorial grant or license that conveys the same character of interest as an assignment but only for a particularly specified part of the United States. A security interest, or mortgage, of patent property passes ownership to the mortgagee or lender until the mortgage has been satisfied and transferred back to the mortgagor, or borrower. A conditional assignment may also pass ownership of the patent until canceled by the parties or by court decree.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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