New to Patent Searching? See this important information about searching for patents:. The Seven Step Strategy - Outlines a suggested procedure for patent searching. Inventors are encouraged to search the USPTO's patent database to see if a patent has already been filed or granted that is similar to your patent.
PATENT ASSIGNMENT: HOW TO TRANSFER OWNERSHIP OF A PATENT
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Getting a patent granted requires a comprehensive patent strategy, and even after obtaining patent registration certificate, during the stage of patent assignment, it is essential to perform a freedom to operate search to ensure that the patent will not infringe upon third party patent rights. Owning a patent is much like owning property. Just as you can sell or lease your property, you could do the same with your patent with assignment or license, respectively. In contrast, a license only grants another person or entity a portion of the patent rights for a limited period of time.
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An assignment of a European Patent is the act of transferring ownership of the issued European Patent from the assignor to the assignee. The two parties can be individuals or legal entities. Issued European Patents always need to be assigned on a country by country basis complying with the various national assignment requirements where the European Patent takes effect is validated in the respective contracting countries of the European Patent Convention EPC. In addition, while the European Patent is still within the 9-month opposition term or an opposition is pending, the European Patent Office records assignments for the purpose of the opposition upon request, payment of the fee, and submission of a validly executed assignment document.
A patent is a government-granted property right that can be used to exclude others from making, using, selling, offering to sell, and importing an invention for a specified time. Patents provide important commercial benefits discussed in detail in our companion piece What You Need To Know About Patents — but only for patent owners. In the US, the inventor is presumed to be the initial owner of a patent or patent application.