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-CITE- 35 USC CHAPTER 26 - OWNERSHIP AND ASSIGNMENT 01/03/2007 -EXPCITE- TITLE 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 26 - OWNERSHIP AND ASSIGNMENT -HEAD- CHAPTER 26 - OWNERSHIP AND ASSIGNMENT -MISC1- Sec. 261. Ownership; assignment. 262. Joint owners. -End- -CITE- 35 USC Sec. 261 01/03/2007 -EXPCITE- TITLE 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 26 - OWNERSHIP AND ASSIGNMENT -HEAD- Sec. 261. Ownership; assignment -STATUTE- Subject to the provisions of this title, patents shall have the attributes of personal property. Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing. The applicant, patentee, or his assigns or legal representatives may in like manner grant and convey an exclusive right under his application for patent, or patents, to the whole or any specified part of the United States. A certificate of acknowledgment under the hand and official seal of a person authorized to administer oaths within the United States, or, in a foreign country, of a diplomatic or consular officer of the United States or an officer authorized to administer oaths whose authority is proved by a certificate of a diplomatic or consular officer of the United States, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States, shall be prima facie evidence of the execution of an assignment, grant or conveyance of a patent or application for patent. An assignment, grant or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent and Trademark Office within three months from its date or prior to the date of such subsequent purchase or mortgage. -SOURCE- (July 19, 1952, ch. 950, 66 Stat. 810; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97-247, Sec. 14(b), Aug. 27, 1982, 96 Stat. 321.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., Sec. 47 (R.S. 4898, amended (1) Mar. 3, 1897, ch. 391, Sec. 5, 29 Stat. 93, (2) Feb. 18, 1922, ch. 58, Sec. 6, 42 Stat. 391, (3) Aug. 18, 1941, ch. 370, 55 Stat. 634). The first paragraph is new but is declaratory only. The second paragraph is the same as in the corresponding section of existing statute. The third paragraph is from the existing statute, a specific reference to another statute is omitted. The fourth paragraph is the same as the existing statute but language has been changed. AMENDMENTS 1982 - Pub. L. 97-247 inserted ", or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States". 1975 - Pub. L. 93-596 substituted "Patent and Trademark Office" for "Patent Office". EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-247 effective Aug. 27, 1982, see section 17(a) of Pub. L. 97-247, set out as a note under section 41 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a note under section 1111 of Title 15, Commerce and Trade. -End- -CITE- 35 USC Sec. 262 01/03/2007 -EXPCITE- TITLE 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 26 - OWNERSHIP AND ASSIGNMENT -HEAD- Sec. 262. Joint owners -STATUTE- In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners. -SOURCE- (July 19, 1952, ch. 950, 66 Stat. 810; Pub. L. 103-465, title V, Sec. 533(b)(3), Dec. 8, 1994, 108 Stat. 4989.) -MISC1- HISTORICAL AND REVISION NOTES This section states a condition in existing law not expressed in the existing statutes. AMENDMENTS 1994 - Pub. L. 103-465 substituted "use, offer to sell, or sell" for "use or sell" and inserted "within the United States, or import the patented invention into the United States," after "invention". EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103-465, set out as a note under section 154 of this title. -End- |
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LinksOrganic LawsTitle 1, General Provisions Title 2, The Congress Title 3, The President Title 4, Flag and Seal, Seat of Government, and the States Title 5, Government Organization and Employees; and Appendix Title 6, Domestic Security Title 7, Agriculture Title 8, Aliens and Nationality Title 9, Arbitration Title 10, Armed Forces Title 11, Bankruptcy; and Appendix Title 12, Banks and Banking Title 13, Census Title 14, Coast Guard Title 15, Commerce and Trade Title 16, Conservation Title 17, Copyrights Title 18, Crimes and Criminal Procedure; and Appendix Title 19, Customs Duties Title 20, Education Title 21, Food and Drugs Title 22, Foreign Relations and Intercourse Title 23, Highways Title 24, Hospitals and Asylums Title 25, Indians Title 26, Internal Revenue Code Title 27, Intoxicating Liquors Title 28, Judiciary and Judicial Procedure; and Appendix Title 29, Labor Title 30, Mineral Lands and Mining Title 31, Money and Finance Title 32, National Guard Title 33, Navigation and Navigable Waters Title 34, Navy (Repealed) Title 35, Patents Title 36, Patriotic Societies and Observances Title 37, Pay and Allowances of the Uniformed Services Title 38, Veterans' Benefits; and Appendix Title 39, Postal Service Title 40, Public Buildings, Property, and Works Title 41, Public Contracts Title 42, The Public Health and Welfare Title 43, Public Lands Title 44, Public Printing and Documents Title 45, Railroads Title 46, Shipping; and Appendix Title 47, Telegraphs, Telephones, and Radiotelegraphs Title 48, Territories and Insular Possessions Title 49, Transportation Title 50, War and National Defense; and Appendix |
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