MPEP 301 - Ownership and Assignability of Patents and Applications

Описание: MPEP 300 - Ownership and Assignment (playlist, 19 videos)
   • MPEP 300 - Ownership and Assignment  

Section Summary
MPEP § 301: “Ownership and Assignability of Patents and Applications.” — This section explains how ownership and transfer of rights in patents and patent applications are legally established, recorded, and made public. It describes patents as personal property under 35 U.S.C. 261, clarifying that ownership confers the right to exclude others from practicing the invention but not necessarily the right to make or sell it, since other laws may restrict use. The section distinguishes between assignment and licensing: an assignment transfers full ownership rights in writing, while a license conveys limited use rights within defined conditions. It also details individual and joint ownership, noting that multiple inventors or assignees may hold fractional interests requiring collective action before the Office. Furthermore, the section outlines how assignments are recorded for public notice, either in the USPTO’s assignment records or in the specific patent or application file, emphasizing that recordation does not determine validity but ensures transparency. Finally, it explains that assignment records are open to public inspection, specifies when confidential access restrictions apply, and identifies the National Archives as custodian of older assignment records.

Illustration Explanation
The image illustrates how ownership of patent rights transforms through assignment—depicting the formal transfer of inventive authority as a deliberate, document-driven process of recordation and acknowledgment.

Edition Referenced
Manual of Patent Examining Procedure (MPEP)
Ninth Edition, Revision 01.2024

Disclaimer
This summary of the MPEP was generated using AI tools, including ChatGPT and NotebookLM, and may contain errors or omissions. It is provided for general educational and informational purposes only and is not legal advice or a substitute for formal instruction. For authoritative guidance, consult the official MPEP, a qualified instructor, or a registered patent practitioner.

MPEP (Manual of Patent Examining Procedure)
https://www.uspto.gov/web/offices/pac...

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Creative Director
Mike Sheppard