35 U.S.C. § 152
Issue of patent to assignee
Patents may be granted to the assignee of the inventor of record in the Patent and Trademark Office, upon the application made and the specification sworn to by the inventor, except as otherwise provided in this title.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1977–2023 · leading case: SiRF Tech., Inc. v. Int'l Trade Comm'n, 601 F.3d 1319 (Fed. Cir. 2010).
SiRF Tech., Inc. v. Int'l Trade Comm'n, 601 F.3d 1319 (Fed. Cir. 2010). “” 35 U.S.C. § 152 . 6 . Appellants argue that the burden rests with Global Locate as a matter of California law because under California law, the burden falls on "the employee” to prove that "[an] agreement does not apply to an invention which qualifies fully [to be retained by…”
A. F. Stoddard & Co., Ltd. v. C. Marshall Dann, Comm'r of Patents, 564 F.2d 556 (D.C. Cir. 1977). “32 (1976)) and will issue the resulting patent to the assignee of record at the time of issuance ( 35 U.S.C. § 152 (Supp. V 1975)). In the case of an assigned application, therefore, it is of no import to the PTO, in the ordinary examination of the application or in the issuance…”
Luraco Health & Beauty LLC v. Tran (E.D. Tex. 2020). “Both parties fail to consider that, under 35 U.S.C. § 152 , a patent may issue to an assignee.”
MarkDutchCo 1 B.V. v. Zeta Interactive Corp (3rd Cir. 2021). “Accordingly, Zeta sought correction of the patents and accompanying damages under 35 U.S.C. §§ 152 and 256, and further asserted claims against MarkDutch for breach of contract and indemnification under the IPA, fraud, declaratory relief, and to vacate the arbitral award, Zeta…”
MarkDutchCo 1 B.V. v. Zeta Interactive Corp. (D. Del. 2019). “[and] 35 U.S.C. § 152 .” DI. 9, Ex. 3 Counterclaims ff] 31-32.”
Ortiz & Assocs. Consulting, LLC v. Ricoh USA, Inc. (W.D. Tex. 2023). “Under 35 U.S.C. § 152 , a patent may issue to an assignee.”
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