Assignments and Licenses

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 which 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.

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