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Irene
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Notarized Patent Assignment
« on: Apr 29th, 2005, 10:42am »
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Does anybody know if it is an absolute requirement to have an assigment notarized?  My understanding that it is not.  What are the pros and cons?
 
Thanks
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Jonathan
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Re: Notarized Patent Assignment
« Reply #1 on: Apr 29th, 2005, 1:17pm »
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I don't think it is a requirement but it is preferable from the assignee's viewpoint to have the assignor's signature notarized. By doing so, it leaves little doubt that the assignor actually signed the document. If it is not notarized, the assignor may perhaps have some wiggle room at a little date to say he never signed the document - this part is my own take on the situation. I would be glad to hear other's viewpoints on this.
« Last Edit: Apr 29th, 2005, 1:18pm by Jonathan » IP Logged
JimIvey
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  jamesdivey  
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Re: Notarized Patent Assignment
« Reply #2 on: Apr 29th, 2005, 1:34pm »
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Jonathan's correct.  It's not a requirement.
 
And he's correct about the benefit to the assignee -- preventing the inventor from later claiming, "That's not my signature."
 
As for cons, it's not entirely free and effortless.  You can go to Kinkos or other places (usually a local attorney who does estate law) and have them notarize documents for about $10-25 each.  A more significant cost is the time it takes to go to one of those places and the effort in getting engineers to go along for the drive.  Many larger companies will have a number of administrative assistants qualified as notaries just to make it convenient.  I don't know what that costs, but it's not free (but probably close to it).
 
Aside from the few bucks and the minor inconvenience, there's no significant downside to having documents notarized.
 
Regards.
« Last Edit: Apr 29th, 2005, 1:35pm by JimIvey » IP Logged

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James D. Ivey
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Irene
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Re: Notarized Patent Assignment
« Reply #3 on: Apr 29th, 2005, 1:49pm »
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Here is the USPTO language:  
 
The United States Patent and Trademark Office will accept and record only an original, or a true copy of an original assignment or other document. See MPEP 317.
 
Certification shall be made by the person submitting a copy of an original document that the document submitted is a true copy of the original. The certification is not required to be in oath or declaration form.
 
Here is my past experience:
However, the US Assignment should be notarized if you plan to file the application in foreign countires.  Most national offices require an notarized/witnessed true copy of the Assignment.  In some cases we submit a copy of the Assignment and along with it we submit a notarized statement that the copy of the Assignment is a true copy of the original.  My suggestion: get it notarized.  Also, for litigation purposes you would want to have a notarized copy for the reasons described above by other users.  
 
Patent Department Manager
 
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IreneK
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Re: Notarized Patent Assignment
« Reply #4 on: Apr 29th, 2005, 1:57pm »
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Thank you all again.
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Irene
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