Assignment of Patents, Trademarks, and Copyrights



Posted: Wednesday, July 22, 2009

by ANDREW SCHROEDER
Law Office of Andrew Schroeder

The main difference between assigning a patent and licensing a patent is important. Assigning Patents, Trademarks or Copyrights is basically selling the complete ownership interest in that patent, trademark, or copyright. And the licensing of a patent, trademark, or copyright is like renting that patent, trademark, or copyright.

Assignment of Patents, Trademarks or Copyrights can be made in whole or in part. In other words, you may assign away 50%, 1%, or 99% of your interest in that Patent, Trademark, or Copyright. Assignments may be integrated into a contract, or may be drafted separately. And the assignment of Patents, Trademarks or Copyrights can be fairly straight forward.

By way of contrast, the licensing of Patents, Trademarks or Copyrights is essentially renting those Patents, Trademarks or Copyrights. In the most strict legal sense, a license for Patents, Trademarks or Copyrights is basically a promise not to sue the licensee for infringement of those Patents, Trademarks or Copyrights which belong to you. These licenses are typically time-constrained. They may be made for a fixed number of months, years, decades, or contingent upon a specific event.

Assignments, like deeds, are not time sensitive. Once you assign those Patents, Trademarks or Copyrights, your rights in those Patents, Trademarks or Copyrights are gone forever. In other words, you cannot assign those rights in your Patents, Trademarks or Copyrights for a period of months, years, or decades.

For this reason, an assignment of Patents, Trademarks or Copyrights will be more valuable than a simple license to those Patents, Trademarks or Copyrights. As such, any assignment you make should be duly recorded with the USPTO, Library of Congress, or your Secretary of State.

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Andrew Y. Schroeder, Esq. is a Los Angeles based Intellectual Property Attorney.  The Law Office of Andrew Schroeder specializes in Patents, Trademarks, and Copyrights.  Andrew Y. Schroeder is licensed to practice before the USPTO (United States Patent & Trademark Office)


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