Q: Can my patent be. Assigned before it is issued.Type: GrantFiled: August 6, 2019Date of Patent: December 1, 2020

I understand that the wording for this must say "If the pattent is approved"

3 Lawyer Answers
David Aldrich
David Aldrich

A: The details provided are a little unclear, but if you are asking whether a patent can be assigned before it is granted, the answer is yes. It is very common to assign a pending patent application before it is actually granted.

Eugene Vamos agrees with this answer

Eugene Vamos
Eugene Vamos

A: It is also recommended that the Assignment be recorded at the USPTO so there constructive notice of the assignment.

This recordation process protects a patent assignee who opts to record an assignment, by providing constructive notice to the public of the recorded assignment; and it protects the interests of a bona fide purchaser without notice of a prior assignment by allowing title to pass to that bona fide purchaser without notice if the prior assignee has opted not to record the assignment. See 35 U.S.C. §261, last paragraph

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Yes, a patent application can be assigned before it is issued as a patent. In fact, it is common for inventors to assign their patent applications to another party, such as a company or investor, in exchange for funding or other considerations.

However, it is important to note that an assignment of a patent application does not guarantee that the patent will be issued. The patent application must still go through the examination process and meet the requirements for patentability before it can be issued as a patent.

When assigning a patent application, it is important to use clear and specific language to ensure that the assignment only takes effect if the patent is issued. This can help to avoid any confusion or disputes over ownership of the patent application.

If you are considering assigning your patent application, it is recommended that you consult with a patent attorney who can advise you on the best approach and help you draft a clear and enforceable assignment agreement.

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.