[Patentpractice] I predicted this defect in Assignment Center

Carl Oppedahl carl at oppedahl.com
Tue Feb 6 06:22:54 EST 2024


What Randall said.  Folks, Randall is channeling the US Congress, which 
in the year 1975 enacted 35 USC § 363 which says:

    An international application designating the United States shall
    have the effect, from its international filing date under article 11
    of the treaty, of a national application for patent regularly filed
    in the Patent and Trademark Office.

On 2/6/2024 3:39 AM, Randall Svihla via Patentpractice wrote:
>
> Of course, the fiction is that a PCT application that designates the 
> U.S. filed in an Office that is not the US RO is in fact a U.S. 
> application.Surely we should be able to file assignments against all 
> types of U.S. applications.
>
> *From:*Patentpractice <patentpractice-bounces at oppedahl-lists.com> *On 
> Behalf Of *Carl Oppedahl via Patentpractice
> *Sent:* Tuesday, February 6, 2024 12:09 AM
> *To:* patentpractice at oppedahl-lists.com
> *Cc:* Carl Oppedahl <carl at oppedahl.com>
> *Subject:* [Patentpractice] I predicted this defect in Assignment Center
>
> On 1/29/2024 3:54 PM, Carl Oppedahl wrote:
>
>     */Blocks you from including an application number that they can't
>     find in their system. /*It looks like if your patent application
>     is not in Patentcenter, you will be blocked from including it in
>     your recordation submission.  I suspect this means it will be
>     impossible to record against a PCT application filed in an Office
>     that is not the RO/US.
>
> Yes, I predicted this defect and sure enough, the USPTO developers got 
> this wrong.
>
> It is impossible to record against a PCT application filed in an 
> Office that is not the RO/US.
>
> See 
> https://blog.oppedahl.com/some-of-the-defects-in-the-new-assignment-center/
>
>
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