Sample Patent Assignments

Three examples of patent assignments

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Below are three sample patent assignment agreements. They are intended to be used as follows:

  • ASSIGNMENT OF RIGHTS -  PATENT ISSUED is intended for use for a patent that has been issued by the USPTO.
  • ASSIGNMENT OF RIGHTS -  PATENT APPLICATION is for the rights to an invention for which a patent application has been filed.
  • ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS: NO PATENT ISSUED OR APPLICATION FILED is intended for use when no application has been filed and no registration has been granted for the invention.

Learn more about the process of assigning patents.

ASSIGNMENT OF RIGHTS -  PATENT ISSUED

      ____________ [insert name of person or company assigning rights]  ("Assignor") is owner of U.S. Patent Number: ______, dated ______, titled ____________[insert name of invention], (the "Patent"). ___________[insert name of person or company to whom rights will be assigned]  ("Assignee") desires to acquire rights in and to the Patent.

      Therefore, for valuable consideration, the receipt of which is acknowledged, Assignor assigns to Assignee ____% [insert percentage of interest that is being assigned - it can be less than 100%, but it cannot be more than 100%] of his right, title and interest in the invention and Patent to Assignee for the entire term of the Patent and any reissues or extensions and for the entire terms of any patents, reissues or extensions that may issue from foreign applications, divisions, continuations in whole or part or substitute applications filed claiming the benefit of the Patent. The right, title and interest conveyed in this Assignment is to be held and enjoyed by Assignee and Assignee's successors as fully and exclusively as it would have been held and enjoyed by Assignor had this assignment not been made.

      Assignor further agrees to: (a) cooperate with Assignee in the protection of the patent rights and prosecution and protection of foreign counterparts; (b) execute, verify, acknowledge and deliver all such further papers, including patent applications and instruments of transfer; and (c) perform such other acts as Assignee lawfully may request to obtain or maintain the Patent and any and all applications and registrations for the invention in any and all countries.

 

Date: _______________                    ________________________

                                                                 Assignor 

[to be completed by notary public]

On this _____ day of _________, before me, _________________________, the undersigned Notary Public, personally  appeared ____________ ASSIGNOR, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal in _____________ County of ______________ on the date set forth in this certificate.

 ________________________________

Notary Public

Learn more about the process of assigning patents.

ASSIGNMENT OF RIGHTS: PATENT APPLICATION

___________ [insert name of person or company assigning rights] ("Assignor") is owner of _____________ [insert name of invention], as described in the U.S. Patent Application signed by Assignor on _____ [insert date you signed your patent application], U.S. Patent and Trademark office Serial Number: _____, filed ________ [insert filing date], (the "Patent Application"). ___________ [insert name of person or company to whom rights will be assigned],   ("Assignee") desires to acquire all rights in and to the Patent Application and the patent (and any reissues or extensions) that may be granted.

      Therefore, for valuable consideration, the receipt of which is acknowledged, Assignor assigns to Assignee ___% [insert percentage of interest that is being assigned -  it can be less than 100%, but it cannot be more than 100%] of his right, title, and interest in the invention and Patent Application (as well as such rights in any divisions, continuations in whole or part or substitute applications) to Assignee for the entire term of the issued Patent and any reissues or extensions that may be granted and for the entire terms of any and all foreign patents that may issue from foreign applications (as well as divisions, continuations in whole or part or substitute applications) filed claiming the benefit of the Patent Application.

       Assignor authorizes the United States Patent and Trademark Office to issue any Patents resulting from the Patent Application to Assignee according to the percentage interest indicated in this assignment. The right, title and interest is to be held and enjoyed by Assignee and Assignee's successors and assigns as fully and exclusively as it would have been held and enjoyed by Assignor had this assignment not been made.

      Assignor further agrees to: (a) cooperate with Assignee in the prosecution of the Application and foreign counterparts; (b) execute, verify, acknowledge and deliver all such further papers, including patent applications and instruments of transfer; and (c) perform such other acts as Assignee lawfully may request to obtain or maintain the Patent for the invention in any and all countries.

Date: _______________                    ____________________

                                                                  Assignor

[to be completed by notary public]

On this _____ day of _________, before me, _________________________, the undersigned Notary Public, personally  appeared ____________ ASSIGNOR, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal in _____________ County of ______________ on the date set forth in this certificate.

 ________________________________

Notary Public 

Assignee Can Be Applicant

Now, as a result of passage of the America Invents Act (AIA), the assignee (the person or company to whom the inventor assigned rights) can now be listed as a the patent applicant (the “obligated assignee”). Although proof of the assignment is not required at the time of filing, the assignment document must be filed by the time that the issue fee is due for the application.

ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS: NO PATENT ISSUED OR APPLICATION FILED

______________ [insert name of person or company assigning rights] ("Assignor") is the owner of all proprietary and intellectual property rights, including copyrights and patents, in the concepts and technologies known as _____________ [insert name of invention] and more specifically described in Attachment A [attach a description of the invention to the Assignment and label it “Attachment A”]  to this Assignment (and referred to collectively as the "Invention") and the right to registrations to the Invention.  ______________ [insert name of person or company to whom rights will be assigned], ("Assignee") desires to acquire the ownership of all proprietary rights, including, but not limited to, the copyrights, trade secrets, trademarks and associated good will and patent rights in the Invention and the registrations to the Invention;

      Therefore, for valuable consideration, the receipt of which is acknowledged, Assignor, hereby assigns to Assignee ___%  [insert percentage of interest that is being assigned -  it can be less than 100%, but it cannot be more than 100%] of all right, title and interest in the Invention, including:

      (1) all copyrights, trade secrets, trademarks and associated good will and all patents which may be granted on the Invention;

      (2) all applications for patents (including divisions, continuations in whole or part or substitute applications) in the United States or any foreign countries whose duty it is to issue such patents;

      (3) any reissues and extensions of such patents; and

      (4) all priority rights under the International Convention for the Protection of Industrial Property for every member country.

      Assignor warrants that: (1) Assignor is the legal owner of all right, title and interest in the Invention; (2) that such rights have not been previously licensed, pledged, assigned, or encumbered; and (3) that this assignment does not infringe on the rights of any person. Assignor agrees to cooperate with Assignee and to execute and deliver all papers, instruments and assignments as may be necessary to vest all right, title and interest in and to the intellectual property rights to the Invention in Assignor. Assignor further agrees to testify in any legal proceeding, sign all lawful papers and applications and make all rightful oaths and generally do everything possible to aid Assignee to obtain and enforce proper protection for the Invention in all countries.

Date: _______________           ____________________________

                                                      Assignor 

[to be completed by notary public]

On this _____ day of _________, before me, _________________________, the undersigned Notary Public, personally  appeared ____________ ASSIGNOR, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. 

Letter Confirming Employee's Ownership of Intellectual Property Rights (Establish ownership of a creative work you've made as an employee).

 Profit From Your Idea: How to Make Smart Licensing Deals (Get everything you need to protect and profit from your invention with this all-in-one guide).

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