• Case Not to Miss

    by  • April 17, 2010 • patent

    It’s a small point, but an important one:

    The recording of a [patent] assignment with the PTO is not a determination as to the validity of the assignment. However, we think that it creates a presumption of validity as to the assignment and places the burden to rebut such a showing on one challenging the assignment. Such an understanding is consistent with and supported by the provisions of . . . [the] bona fide purchaser defense.

    New law by the Federal Circuit. Here, the assignment was the first one from the inventor to his employer, as reflected on the face of the patent. The case also reviews a duty to assign provision under an employment agreement.

    Patently-O summarized the whole case here; decision here.

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