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   Patent Recordation Question
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   Author  Topic: Patent Recordation Question  (Read 532 times)
mindspringer
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Patent Recordation Question
« on: Jun 14th, 2007, 3:04pm »
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Hello,
I have a patent assignment from the inventor to Company A that was executed in 2000. It was never recorded. I also have an assignment from Company A to Company B that was executed in 2007. My question is, do I need to record the assignment from 2000 before I can record the assignment from 2007? Alternatively, can I just record the assignment from 2007 and attach the assignment from 2000 to it?
Any feedback would be most appreciated.
Thanks!
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biopico
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Re: Patent Recordation Question
« Reply #1 on: Jun 14th, 2007, 4:50pm »
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3.28 Requests for recording.
 
Each document submitted to the Office for recording must include a single cover sheet (as specified in 3.31) referring either to those patent applications and patents, or to those trademark applications and registrations, against which the document is to be recorded. If a document to be recorded includes interests in, or transactions involving, both patents and trademarks, then separate patent and trademark cover sheets, each accompanied by a copy of the document to be recorded, must be submitted. If a document to be recorded is not accompanied by a completed cover sheet, the document and the incomplete cover sheet will be returned pursuant to 3.51 for proper completion, in which case the document and a completed cover sheet should be resubmitted.
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mindspringer
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Re: Patent Recordation Question
« Reply #2 on: Jun 15th, 2007, 2:49pm »
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Thanks for your reply. I realize that if I record both assignments, I will need a cover sheet for each. But my main question is, do I need to record the assignment from 2000 at all. Company A used to be the owner of the patent application, but now Company B is the owner. Since the primary purpose of recordation is to provide notice of ownership, is there any point in recording the first assignment to Company A now?
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still_studying
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Re: Patent Recordation Question
« Reply #3 on: Jun 16th, 2007, 1:54pm »
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I'd guess you would need to record the previous assignment, since otherwise there might some day be an issue with proving that Company A had a legal right to sell the assignment to Company B.
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