Q: Do we need to get a patent assignment from Colombia signed by a lawyer in the country for it to be valid in the usa?

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
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Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Normally an assignment is signed by someone with authority to act on behalf of the patent owner.

Sometimes that is the inventor when the inventor is assigning rights. Sometimes that is a senior executive for the company when the company is assigning rights.

An assignment is typically viewed as a contract and would need to comport with the rules for contracts for the country laws that would be applied under the choice of laws. So a contract executed in Columbia would normally need to comply with the rules for contracts in Columbia.

Once you have an assignment that applies to a US patent or patent application, you should record the assignment with the USPTO. https://epas.uspto.gov/

I hope this helps

Kevin E Flynn

Peter D. Mlynek agrees with this answer

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