Recording Patent License Agreements In The Uspto

Patent transfer documents, published patent applications, trademark registrations and trademark applications may be protected by the public. Records relating to patents and patent applications published as publications for patent applications are available on the USPTO website. Images of transfer documents recorded in June 1998 and later are also available on the Agency`s website. To view images of previously registered assignment documents, citizens must place an order at 37 CFR 1.12 (d). Each patent sheet should contain the number of patent or patent applications listed on the cover page, as well as the total fee. In accordance with the Patent and Trademark Office Efficiency Act (PTOEA) (Pub. L. 106-113, 113 Stat. 1501A-572) is the head of the United States Patent and Trademark Office (USPTO) “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.” The Director is assisted by the Assistant Secretary of State for Intellectual Property Trade and Deputy Director of the U.S. Patent and Trademark Office. USPTO`s patent transactions are now led by the “Patent Commissioner.” USPTO`s brand activities are now led by the “Brand Commissioner.” In accordance with Section 4741 (b) of the PTOEA, any reference to the Patent and Trademark Commissioner, the Assistant Patent Commissioner or the Assistant Commissioner for Trademarks is addressed to the Director, Patent Commissioner or Patent Commissioner, respectively.

See “Restoration of the Patent and Trademark Office as the U.S. Patent and Trademark Office” in the Federal Registry at 65 FR 17858 (April 5, 2000) and in the Official Journal of the U.S. Patent and Trademark Office at 1234 O.G. 41 (May 9, 2000). In the absence of a contrary agreement, any co-owner of a patent may import, use, offer, sell or sell the patented invention in the United States without consent and accountability to other owners, without accountability in the United States, or import the patented invention into the United States. Co-ownership – Several parties may jointly hold the full law, title and interest of the patent property. This occurs in the following cases: Subject to the provisions of this title, patents must have the characteristics of personal property. The Patent and Trademark Office maintains a register of patent and patent interests and, on request, takes up all related documents and may apply for a fee to do so. A license is not an assignment of the patent. Even if the license is exclusive, it is not an assignment of patent rights in the patent or in the application. Applications for a combination of ownership for patent assignments filed after May 1, 1957 are submitted by the certification division on request and payment of the fee required in 37 CFR 1.19.

Applications for pre-1957 patent records must be submitted to the National Archives and Records Administration (NARA). Because these recordings are managed by NARA, it is quicker to request copies directly from NARA than from the Agency, which would then have to pass the requirements on to NARA.