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

Under 35 U.S.C. § 261, a patent assignment must be in writing and signed by the assignor to be legally valid and enforceable.

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 conveys the entire ownership interest in a patent, whereas a license merely grants permission to practice the patent without transferring title.

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

Recording an assignment within three months of its execution protects the assignee against a subsequent bona fide purchaser who acquires the patent without notice of the prior unrecorded transfer.

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 field-of-use restriction confines the licensee to practicing the patented technology only within a defined application area or market segment, allowing the licensor to license separately in other fields.

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

An exclusive license grants the licensee the sole right to practice the patent within the licensed scope, which may expressly exclude even the patent owner from exercising those rights.

(PPC) Patent Paralegal Certification Practice Test

(PPC) Patent Paralegal Certification Practice Test

PPC Patent Licensing & Assignments