[Patentpractice] I predicted this defect in Assignment Center

[Richard Schafer]

While the Patent Center web page that lists known issues, etc. is weak, at least it exists.  As far as I know, there is no corresponding page for Assignment Center.

<sarcasm> However, I’m pleased that the PTO is consistent with Patent Cemter by wasting the top line of the page with a notice telling us it’s an official government website. </sarcasm>

Best regards,
Richard A. Schafer | Schafer IP Law
P.O. Box 230081 | Houston, TX 77223
M: 832.283.6564 | richard at schafer-ip.com<mailto:richard at schafer-ip.com>

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Carl Oppedahl via Patentpractice
Sent: Tuesday, February 6, 2024 5:23 AM
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Carl Oppedahl <carl at oppedahl.com>
Subject: Re: [Patentpractice] I predicted this defect in Assignment Center


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><mailto: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<mailto:patentpractice at oppedahl-lists.com>
Cc: Carl Oppedahl <carl at oppedahl.com><mailto: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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