United States Patent Application

Comments on information of U.S. Patent assignment

The text below is a copy of an email I sent the Group Patent Interference User (PIUG) 4 November 2003 concerning the transfer of U.S. patent information. My e-mail in response to a chain of emails discussing the content and accuracy of information transfer provided by the suppliers of commercial databases.

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I am not satisfied with the possibility that you all may be based on commercial databases for the work of due diligence assignee. You should all bear in mind How assignee information included on the face of a U.S. patent it happens, what it means, and what you should look for when checking on the title of patent USA.

Someone fills a "matter of postage as" a patent application allowed. On this form, they write in the name they want included on the patent as the assignee. Sometimes they get this wrong, for a variety of reasons. The name listed as the assignee on the patenting of the United States is not conclusive proof that the assignment is, and it is not conclusive proof that the entity registered as the transferee is even at the time of issuance of the patent, the patentee. It is just a name.

On the other hand, the surrender documents which are kept separate from the USPTO patent application file, the list of all assignments and transfers related interest (before security agreements and licenses) for properties patent recorded in the USPTO. If you are interested in knowing the actual current legal assignee and provide convincing evidence of a chain of title, records of the USPTO assignment are the best place to look, in contrast to the face of the patent issued, or elsewhere. (But see note below and warning.) The database generated by the sale of the USPTO indicates the information of the person who files a copy of the written assignment executed on the "registration form cover sheet. The "Registration FORM COVER SHEET" is the form in which they are required to be filed along with the copy of the transfer document signed real. database USPTO assignment does not include the actual transfer document . Thus, the database of the USPTO and assignment of all the databases from the database reflect only the information copied on the sheet listing. I believe no supplier database has the Copies of documents in an effective transfer of electronic database. Copies USPTO stores image of the actual documents on microfilm available from the USPTO, indexed by reel / frame. The images can be printed and microfiche are best evidence of the assignment. Therefore, the best place to research stations in the first instance, is at the USPTO. You can identify allegedly assigned by searching the patent database station, then pull above the actual assignment documents by the coil / frame associated with each patent number.

Upon completion of the work assignment due diligence, I often see discrepancies in the chain of title which would or should be addressed to complete the chain of title. For example, I saw a chain of transfer, the person who runs a mission for the A to B is actually registered as an agent of Company C, not Company A. (Why did he sign the document? Maybe C has one and nobody thinks that C, no one, owns the patent and awarded. Not!) The surrender document would not result in a valid assignment, and B is not a valid title to the patent. The only way to identify what type of defect is to examine the actual transfer documents. In all cases, any research assignment due diligence should include scrutiny of copies of actual transfer.

Note: You can also find security interests which may include patents filed in the state or county secured transactions registry office for the location.