Question 14
Domain 5: Patent Ownership, Infringement, and EthicsWhich of the following is required for a valid assignment of patent rights?
Correct answer: B
Explanation
Under 35 U.S.C. § 261, patents and patent applications are “assignable in law by an instrument in writing.” A valid assignment therefore requires a written document signed by the assignor to transfer the patent rights.
Why each option is right or wrong
A. Approval by the USPTO Director
B. A writing signed by the assignor
35 U.S.C. § 261 governs transfers of patent ownership and states that patents and patent applications are assignable only by an instrument in writing. Because the assignment must be executed by the party transferring the rights, the assignor’s signature is required to make the transfer effective; an oral transfer is insufficient.
C. Filing of the assignment in federal court
D. Payment of an assignment fee to the USPTO