[Ip-transactions] Questions about assignment language and consequences

Patent Lawyer patentlawyer995 at gmail.com
Fri Mar 8 14:22:21 EST 2024


I have some questions about assignment language and its consequences.

Thanks in advance for any input.

====
Company AAA has a US Patent (P1), based on a patent application (A1) [i.e., application A1 issued as patent P1]

Company AAA filed a PCT application claiming priority to A1.

The PCT application was timely filed.

After application A1 issued (as patent P1), but while the PCT application was still pending (alive), Company AAA assigned the US Patent (P1) to Company BBB.

The assignment stated, in full:

"Company AAA hereby assigns all right, title, and interest in Patent P1 to Company BBB."

Questions:


  1.  What is actually meant by each word of the phrase "right, title, and interest"?


  1.  Does this assignment give Company BBB any rights in the PCT application, if not explicitly, then at least by implication?


  1.  Does this assignment give Company BBB any rights in any national phase applications based on the PCT application, again, if not explicitly, then at least by implication?


  1.  Does your answer to question #3 depend on whether those national phase applications were filed before or after the assignment?


Again, thanks in advance for any input.


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