Patent Licensing Attorney in Boulder and Denver, CO
Patent Licensing and Assignments
A patent is personal property and may be sold to others or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing. Such an instrument is referred to as an assignment and may transfer the entire interest in the patent. The assignee, when the patent is assigned to him or her, becomes the owner of the patent and has the same rights that the original patentee had.
The statute also provides for the assignment of a part interest, that is, a half interest, a fourth interest, etc., in a patent. There may also be a grant that conveys the same character of interest as an assignment but only for a particularly specified part of the United States. A mortgage of patent property passes ownership thereof to the mortgagee or lender until the mortgage has been satisfied and a retransfer from the mortgagee back to the mortgagor, the borrower, is made. A conditional assignment also passes ownership of the patent and is regarded as absolute until canceled by the parties or by the decree of a competent court.
An assignment, grant, or conveyance of any patent or application for patent should be acknowledged before a notary public or officer authorized to administer oaths or perform notarial acts. The certificate of such acknowledgment constitutes prima facie evidence of the execution of the assignment, grant, or conveyance.
Recording of Assignments
The Office records assignments, grants, and similar instruments sent to it for recording, and the recording serves as notice. If an assignment, grant, or conveyance of a patent or an interest in a patent (or an application for patent) is not recorded in the Office within three months from its date, it is void against a subsequent purchaser for a valuable consideration without notice, unless it is recorded prior to the subsequent purchase.
An instrument relating to a patent should identify the patent by number and date (the name of the inventor and title of the invention as stated in the patent should also be given). An instrument relating to an application should identify the application by its application number and date of filing, the name of the inventor, and title of the invention as stated in the application should also be given. Sometimes an assignment of an application is executed at the same time that the application is prepared and before it has been filed in the Office. Such assignment should adequately identify the application, as by its date of execution and name of the inventor and title of the invention, so that there can be no mistake as to the application intended. If an application has been assigned and the assignment is recorded, on or before the date the issue fee is paid, the patent will be issued to the assignee as owner. If the assignment is of a part interest only, the patent will be issued to the inventor and assignee as joint owners.
Patent Lawyer Services
Patent law is primarily federal law, as such, the law firm of Hunziker Legal Services is happy to provide attorney services to those clients that come from around the world by phone, fax, letter, and email. If you live in any of the following areas you may also come to my Denver or Boulder, Colorado office to meet me in person, my patent law firm is located in Colorado close to: Denver, Boulder, Fort Collins, Loveland, Longmont, Broomfield, Westminister, Arvada, Northglenn, Thornton, Centennial, Lakewood, Brighton, Berkley, Aurora, Columbine, Commerce City, Englewood, Federal Heights, Golden, Greenwood Village, Highlands Ranch, Littleton, Parker, Sheryl Wood, Welby, and Wheat Ridge..
I offer the following services:
- Patent Searching
- Software and Business Method Patent Searching
- Chemical Patent Searching
- Biological Patent Searching
- Patent Drawings
- Provisional Patent Applications
- Utility Patents
- Software and Business Method Patent Applications
- Chemical and Biological Patent Applications
- Foriegn and PCT Patent Applications
- Design Patent Applications
- Plant Patent Applications
- Correction of Patents and Reissue Patent Applications
- Office Actions
- Patent Maintenance
- Patent Licensing and Assignments
- Patent Enforcement and Litigation
- Patent Opinions and Consultation
- Patent FAQ’s
- Patent Fees
About Will Hunziker
I am a patent and trademark attorney working in Boulder and Denver, Colorado where I provide cheap: patent, trademark, copyright, entertainment, corporate, business, and any other legal services you may require.
If you want a lawyer who answers your calls personally and charges a cheap rate, then you have found your man. I pride myself on the fact that each and every one of my clients gets the same zealous advocacy they can come to rely on again and again.
Geographic Regions of Practice:
Our lawyers and patent attorneys represent clients throughout Colorado; including residents of Boulder, Denver, Fort Collins, Loveland, Longmont, Broomfield, Westminister, Arvada, Northglenn, Thornton, Centennial, Lakewood, Brighton, Berkley, Aurora, Columbine, Commerce City, Englewood, Federal Heights, Golden, Greenwood Village, Highlands Ranch, Littleton, Parker, Sheryl Wood, Welby, and Wheat Ridge.
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