[Patentpractice] Exemplary Nunc Pro Tunc Patent Assignment
David Boundy
DavidBoundyEsq at gmail.com
Fri Oct 10 17:10:31 UTC 2025
The essence of a nunc pro tunc assignment is that it's a present
reaffirmation of a past tense assignment. Probably the reason you're doing
this is that the earlier assignment was goofed up somehow. Never
underestimate how, if you detect one flaw, there are others. So you also
want a present assignment of any residual that was missed at the time, and
assigns the other appurtenant rights. I do that by a definition that
includes the magic words "all rights of priority and to claim priority, the
right to apply for and be granted a patent, the right of Assignee to make
application in its own name, and all rights to sue for past, present, or
future infringement under any of the aforesaid."
1. *Confirmatory assignment*. Each Assignor hereby confirms that the
Assignor did assign to Assignee its entire right, title, and interest in
and to <*whatever yoru defined term is--in mine, *the Invention> <*tailor
the following words to your situation*> <by a signed writing on or about ___,>
<as of the earliest of the date of conception, or the filing date or
priority date of any patent application drawn to the Invention><within the
scope of my employment obligation>. Each Assignor hereby sells, assigns
and transfers to Assignee its entire right, title, and interest in and to
the Invention, for Assignee’s own use and benefit and for the use and
benefit of its successors, assigns or other legal representatives. Assignor
hereby acknowledges an obligation of assignment and transfer of this
invention to Assignee at the time the invention was made.
On Fri, Oct 10, 2025 at 12:22 PM Randall Svihla via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:
> Hi, Suzannah
>
>
>
> I use this language:
>
>
>
> For good and valuable consideration, the receipt and sufficiency of which
> are hereby acknowledged, [Assignor] (herereinafter "Assignor"), agrees
> that the Assignor hereby assigned Nunc Pro Tunc effective [date] to
> [Assignee] the following [description of properties].
>
>
>
> Best regards,
>
>
>
> Randall S. Svihla
>
> NSIP Law
>
> Washington, D.C.
>
>
>
>
>
> *From:* Patentpractice <patentpractice-bounces at oppedahl-lists.com> *On
> Behalf Of *Suzannah K. Sundby via Patentpractice
> *Sent:* Friday, October 10, 2025 12:12 PM
> *To:* patentpractice at oppedahl-lists.com
> *Cc:* Suzannah K. Sundby <suzannah at canadylortz.com>
> *Subject:* [Patentpractice] Exemplary Nunc Pro Tunc Patent Assignment
>
>
>
> Anyone have a template Nunc Pro Tunc assignment for a patent application,
> please?
>
>
>
> Suzannah K. Sundby <http://www.linkedin.com/in/ssundby/> *|* Partner
>
> *canady + lortz** LLP* <http://www.canadylortz.com/>
>
> 1050 30th Street, NW
>
> Washington, DC 20007
>
> T: 202.486.8020
>
> F: 202.540.8020
>
> suzannah at canadylortz.com
>
> www.canadylortz.com
>
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