PPC Patent Licensing & Assignments

Question 1

What is required for a patent assignment to be valid under 35 U.S.C. § 261?

Accepted Answer

It must be in writing and signed by the assignor

Answer

It only needs to be verbally agreed upon by both parties

Answer

It must be notarized by a state official

Answer

It must be filed within 30 days of the invention date

Question 2

How does a patent assignment fundamentally differ from a patent license?

Accepted Answer

An assignment transfers ownership while a license grants rights to use without transferring ownership

Answer

An assignment is temporary while a license is permanent

Answer

A license transfers all patent rights while an assignment grants only limited rights

Answer

There is no legal difference between an assignment and a license

Question 3

What protection does recording a patent assignment with the USPTO within three months provide?

Accepted Answer

Protection against subsequent purchasers who acquire an interest without notice of the prior assignment

Answer

Protection against foreign patent infringement claims

Answer

Immunity from government compulsory licensing demands

Answer

Automatic estoppel against third-party validity challenges

Question 4

What is a field-of-use restriction in a patent license agreement?

Accepted Answer

A limitation confining the licensee's use of the patent to a specific application or industry sector

Answer

A geographic restriction on where the patent may be practiced

Answer

A time restriction on the duration of the license term

Answer

A limit on the number of units the licensee may manufacture annually

Question 5

What characterizes an exclusive license in U.S. patent law?

Accepted Answer

It grants the licensee the sole right to practice the patent, potentially excluding even the patent owner

Answer

It grants identical rights simultaneously to multiple licensees

Answer

It is limited to a single geographic territory within the U.S.

Answer

It automatically converts to a full assignment after five years

Question 6

Under what circumstances may an exclusive licensee have standing to sue for patent infringement?

Accepted Answer

When the licensee has been granted all substantial rights in the patent

Answer

Whenever the licensee pays royalties, regardless of the rights granted

Answer

Only after the patent owner formally declines to sue

Answer

Any licensee, including non-exclusive licensees, automatically has standing

Question 7

What is a sublicense in the context of patent licensing?

Accepted Answer

A license granted by the original licensee to a third party, allowing that party to practice the licensed patent rights

Answer

A reduced-royalty license offered to small businesses by the patent owner

Answer

A secondary patent issued by the USPTO covering improvements to the original invention

Answer

A license covering only a subset of the claims in a patent