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"
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
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
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.
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