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?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
