Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[dab2d]

Hi guys... got several questions for a hypo:

If a K is for exclusive right and right of first refusal, can the mere fact that the property right is a patent pull it into fed ct? What if it is for the determination of whether after-filed patents are within the defined terms of K?

If there is a suit as to the proper ownership, do you, or can you, file something at the PTO assignments to indicate that proper ownership is being litigated. 

[bleedingpen]

Hi guys... got several questions for a hypo:

If a K is for exclusive right and right of first refusal, can the mere fact that the property right is a patent pull it into fed ct? What if it is for the determination of whether after-filed patents are within the defined terms of K?

Depends.  You need subject matter or diversity jurisdiction to go to Federal court.  Ownership of a patent alone is not enough for Federal Court.  Ownership of patents can be adjudicated at a state level. 

If there is a suit as to the proper ownership, do you, or can you, file something at the PTO assignments to indicate that proper ownership is being litigated. 

Yes.  Use the same manner as you would to file an assignment for a patent.  As long as you have the patent no. and parties involved, the USPTO will probably record it.  Furthermore, you can always upload the docs to PAIR if you like.

[dab2d]

Thank you