justicedao/patent-legal-corpus huggingface dataset:
37 CFR 212.6 — Protection of Vessel Designs
Current through: 2024-07-01

Recordation of transfers and other documents.

§ 212.6 Recordation of transfers and other documents. The conditions prescribed in § 201.4 of this chapter for recordation of transfers of copyright ownership and other documents pertaining to copyright are applicable to the recordation of documents pertaining to the protection of vessel designs under 17 U.S.C. chapter 13. [64 FR 36578, July 7, 1999, as amended at 82 FR 9366, Feb. 6, 2017]
37 CFR 212.7 — Protection of Vessel Designs
Current through: 2024-07-01

Reconsideration procedure for refusals to register.

§ 212.7 Reconsideration procedure for refusals to register. The requirements prescribed in § 202.5 of this chapter for reconsideration of refusals to register copyright claims are applicable to requests to reconsider refusals to register vessel designs under 17 U.S.C. chapter 13, unless otherwise required by this part. [69 FR 77637, Dec. 28, 2004]
37 CFR 220.1 — Requests to the Copyright Office under the Freedom of Information Act
Current through: 2024-07-01

Definitions.

§ 220.1 Definitions. For purposes of this subchapter: (a) Active proceeding denotes a claim in which the claimant has filed proof of service and the respondent has not, within the sixty day opt-out period, submitted an opt-out notice to the Copyright Claims Board (Board). (b) Authorized representative means a person, other than legal counsel, who is authorized under this subchapter to represent a party before the Board. (c) Bad-faith conduct occurs when a party pursues a claim, counterclaim, or defense for a harassing or other improper purpose, or without a reasonable basis in law or fact. Such conduct includes any actions taken in support of a claim, counterclaim, or defense and may occur at any point during a proceeding before the Board, including before a proceeding becomes an active proceeding. (d) Default determination is a final determination issued as part of the default procedures set forth in 17 U.S.C. 1506(u) when the respondent does not participate in those procedures. (e) Final determination is a decision that concludes an active proceeding before the Board and is binding only on the participating parties. A final determination generally assesses the merits of the claims in the proceeding, except when issued to dismiss a claimant's claims for failure to prosecute. (f) Initial notice means the notice described in 17 U.S.C. 1506(g) that is served on a respondent in a Board proceeding along with the claim. (g) Second notice means the notice of a proceeding sent by the Board as described in 17 U.S.C. 1506(h). (h) Standard interrogatories are written questions provided by the Board that a party in an active proceeding must answer as part of discovery. (i) Standard requests for the production of documents are written requests provided by the Board requiring a party to provide documents, other information, or tangible evidence as part of discovery in an active proceeding.
37 CFR 220.2 — Requests to the Copyright Office under the Freedom of Information Act
Current through: 2024-07-01

Authority and functions.

§ 220.2 Authority and functions. The Copyright Claims Board (Board) is an alternative forum to Federal court in which parties may voluntarily seek to resolve certain copyright-related claims regarding any category of copyrighted work, as provided in chapter 15 of title 17 of the United States Code. The Board's proceedings are governed by title 17 of the United States Code and the regulations in this subchapter.
37 CFR 220.4 — Requests to the Copyright Office under the Freedom of Information Act
Current through: 2024-07-01

Timing.

§ 220.4 Timing. When the start or end date for calculating any deadline set forth in this subchapter falls on a weekend or a Federal holiday, the start or end date shall be extended to the next Federal workday. Any document subject to a deadline must be either submitted to the Board's electronic filing system (eCCB) by 11:59 p.m. Eastern Time on the date of the deadline or dispatched by the date of the deadline.
37 CFR 3.11 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Documents which will be recorded.

§ 3.11 Documents which will be recorded. (a) Assignments of applications, patents, and registrations, and other documents relating to interests in patent applications and patents, accompanied by completed cover sheets as specified in § 3.28 and § 3.31, will be recorded in the Office. Other documents, accompanied by completed cover sheets as specified in § 3.28 and § 3.31, affecting title to applications, patents, or registrations, will be recorded as provided in this part or at the discretion of the Director. (b) Executive Order 9424 of February 18, 1944 (9 FR 1959, 3 CFR 1943-1948 Comp., p. 303) requires the several departments and other executive agencies of the Government, including Government-owned or Government-controlled corporations, to forward promptly to the Director for recording all licenses, assignments, or other interests of the Government in or under patents or patent applications. Assignments and other documents affecting title to patents or patent applications and documents not affecting title to patents or patent applications required by Executive Order 9424 to be filed will be recorded as provided in this part. (c) A joint research agreement or an excerpt of a joint research agreement will also be recorded as provided in this part. [62 FR 53202, Oct. 10, 1997, as amended at 70 FR 1824, Jan. 11, 2005; 70 FR 54267, Sept. 14, 2005; 78 FR 62408, Oct. 21, 2013]
37 CFR 3.16 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Assignability of trademarks prior to filing of an allegation of use.

§ 3.16 Assignability of trademarks prior to filing of an allegation of use. Before an allegation of use under either 15 U.S.C. 1051(c) or 15 U.S.C. 1051(d) is filed, an applicant may only assign an application to register a mark under 15 U.S.C. 1051(b) to a successor to the applicant's business, or portion of the business to which the mark pertains, if that business is ongoing and existing. [64 FR 48926, Sept. 8, 1999]
37 CFR 3.1 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Definitions.

§ 3.1 Definitions. For purposes of this part, the following definitions shall apply: Application means a national application for patent, an international patent application that designates the United States of America, an international design application that designates the United States of America, or an application to register a trademark under section 1 or 44 of the Trademark Act, 15 U.S.C. 1051, or 15 U.S.C. 1126, unless otherwise indicated. Assignment means a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application to register has been filed. Document means a document which a party requests to be recorded in the Office pursuant to § 3.11 and which affects some interest in an application, patent, or registration. Office means the United States Patent and Trademark Office. Recorded document means a document which has been recorded in the Office pursuant to § 3.11. Registration means a trademark registration issued by the Office. [69 FR 29878, May 26, 2004, as amended at 80 FR 17969, Apr. 2, 2015]
37 CFR 3.21 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Identification of patents and patent applications.

§ 3.21 Identification of patents and patent applications. An assignment relating to a patent must identify the patent by the patent number. An assignment relating to a national patent application must identify the national patent application by the application number (consisting of the series code and the serial number; e.g., 07/123,456). An assignment relating to an international patent application which designates the United States of America must identify the international application by the international application number; e.g., PCT/ US2012/012345. An assignment relating to an international design application which designates the United States of America must identify the international design application by the international registration number or by the U.S. application number assigned to the international design application. If an assignment of a patent application filed under § 1.53(b) of this chapter is executed concurrently with, or subsequent to, the execution of the patent application, but before the patent application is filed, it must identify the patent application by the name of each inventor and the title of the invention so that there can be no mistake as to the patent application intended. If an assignment of a provisional application under § 1.53(c) of this chapter is executed before the provisional application is filed, it must identify the provisional application by the name of each inventor and the title of the invention so that there can be no mistake as to the provisional application intended. [80 FR 17969, Apr. 2, 2015]
37 CFR 3.24 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Requirements for documents and cover sheets relating to patents and patent applications.

§ 3.24 Requirements for documents and cover sheets relating to patents and patent applications. (a) For electronic submissions: Either a copy of the original document or an extract of the original document may be submitted for recording. All documents must be submitted as digitized images in Tagged Image File Format (TIFF) or another form as prescribed by the Director. When printed to a paper size of either 21.6 by 27.9 cm (8 1/2 by 11 inches) or 21.0 by 29.7 cm (DIN size A4), the document must be legible and a 2.5 cm (one-inch) margin must be present on all sides. (b) For paper or facsimile submissions: Either a copy of the original document or an extract of the original document must be submitted for recording. Only one side of each page may be used. The paper size must be either 21.6 by 27.9 cm (8 1/2 by 11 inches) or 21.0 by 29.7 cm (DIN size A4), and in either case, a 2.5 cm (one-inch) margin must be present on all sides. For paper submissions, the paper used should be flexible, strong white, non-shiny, and durable. The Office will not return recorded documents, so original documents must not be submitted for recording. [69 FR 29879, May 26, 2004]
37 CFR 3.25 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Recording requirements for trademark applications and registrations.

§ 3.25 Recording requirements for trademark applications and registrations. (a) Documents affecting title. To record documents affecting title to a trademark application or registration, a legible cover sheet ( see § 3.31) and one of the following must be submitted: (1) A copy of the original document; (2) A copy of an extract from the document evidencing the effect on title; or (3) A statement signed by both the party conveying the interest and the party receiving the interest explaining how the conveyance affects title. (b) Name changes. Only a legible cover sheet is required ( See § 3.31). (c) All documents. (1) For electronic submissions: All documents must be submitted as digitized images in Tagged Image File Format (TIFF) or another form as prescribed by the Director. When printed to a paper size of either 21.6 by 27.9 cm (8 1/2 by 11 inches) or 21.0 by 29.7 cm (DIN size A4), a 2.5 cm (one-inch) margin must be present on all sides. (2) For paper or facsimile submissions: All documents should be submitted on white and non-shiny paper that is either 8 1/2 by 11 inches (21.6 by 27.9 cm) or DIN size A4 (21.0 by 29.7 cm) with a one-inch (2.5 cm) margin on all sides in either case. Only one side of each page may be used. The Office will not return recorded documents, so original documents should not be submitted for recording. [69 FR 29879, May 26, 2004]
37 CFR 3.27 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Mailing address for submitting documents to be recorded.

§ 3.27 Mailing address for submitting documents to be recorded. Documents and cover sheets submitted by mail for recordation should be addressed to Mail Stop Assignment Recordation Services, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450, unless they are filed together with new applications. [69 FR 29879, May 26, 2004]
37 CFR 3.28 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Requests for recording.

§ 3.28 Requests for recording. Each document submitted to the Office for recording must include a single cover sheet (as specified in § 3.31) referring either to those patent applications and patents, or to those trademark applications and registrations, against which the document is to be recorded. If a document to be recorded includes interests in, or transactions involving, both patents and trademarks, then separate patent and trademark cover sheets, each accompanied by a copy of the document to be recorded, must be submitted. If a document to be recorded is not accompanied by a completed cover sheet, the document and the incomplete cover sheet will be returned pursuant to § 3.51 for proper completion, in which case the document and a completed cover sheet should be resubmitted. [70 FR 56128, Sept. 26, 2005]
37 CFR 3.34 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Correction of cover sheet errors.

§ 3.34 Correction of cover sheet errors. (a) An error in a cover sheet recorded pursuant to § 3.11 will be corrected only if: (1) The error is apparent when the cover sheet is compared with the recorded document to which it pertains, and (2) A corrected cover sheet is filed for recordation. (b) The corrected cover sheet must be accompanied by a copy of the document originally submitted for recording and by the recording fee as set forth in § 3.41. [69 FR 29879, May 26, 2004]
37 CFR 3.41 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Recording fees.

§ 3.41 Recording fees. (a) All requests to record documents must be accompanied by the appropriate fee. Except as provided in paragraph (b) of this section, a fee is required for each application, patent and registration against which the document is recorded as identified in the cover sheet. The recording fee is set in § 1.21(h) of this chapter for patents and in § 2.6(b)(6) of this chapter for trademarks. (b) No fee is required for each patent application and patent against which a document required by Executive Order 9424 is to be filed if: (1) The document does not affect title and is so identified in the cover sheet (see § 3.31(c)(2)); and (2) The document and cover sheet are either: Faxed or electronically submitted as prescribed by the Director, or mailed to the Office in compliance with § 3.27. [63 FR 52159, Sept. 30, 1998, as amended at 69 FR 29879, May 26, 2004]
37 CFR 3.51 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Recording date.

§ 3.51 Recording date. The date of recording of a document is the date the document meeting the requirements for recording set forth in this part is filed in the Office. A document which does not comply with the identification requirements of § 3.21 will not be recorded. Documents not meeting the other requirements for recording, for example, a document submitted without a completed cover sheet or without the required fee, will be returned for correction to the sender where a correspondence address is available. The returned papers, stamped with the original date of receipt by the Office, will be accompanied by a letter which will indicate that if the returned papers are corrected and resubmitted to the Office within the time specified in the letter, the Office will consider the original date of filing of the papers as the date of recording of the document. The procedure set forth in § 1.8 or § 1.10 of this chapter may be used for resubmissions of returned papers to have the benefit of the date of deposit in the United States Postal Service. If the returned papers are not corrected and resubmitted within the specified period, the date of filing of the corrected papers will be considered to be the date of recording of the document. The specified period to resubmit the returned papers will not be extended. [62 FR 53203, Oct. 10, 1997]
37 CFR 3.54 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Effect of recording.

§ 3.54 Effect of recording. The recording of a document pursuant to § 3.11 is not a determination by the Office of the validity of the document or the effect that document has on the title to an application, a patent, or a registration. When necessary, the Office will determine what effect a document has, including whether a party has the authority to take an action in a matter pending before the Office.
37 CFR 3.56 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Conditional assignments.

§ 3.56 Conditional assignments. Assignments which are made conditional on the performance of certain acts or events, such as the payment of money or other condition subsequent, if recorded in the Office, are regarded as absolute assignments for Office purposes until cancelled with the written consent of all parties or by the decree of a court of competent jurisdiction. The Office does not determine whether such conditions have been fulfilled.
37 CFR 3.58 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Governmental registers.

§ 3.58 Governmental registers. (a) The Office will maintain a Departmental Register to record governmental interests required to be recorded by Executive Order 9424. This Departmental Register will not be open to public inspection but will be available for examination and inspection by duly authorized representatives of the Government. Governmental interests recorded on the Departmental Register will be available for public inspection as provided in § 1.12. (b) The Office will maintain a Secret Register to record governmental interests required to be recorded by Executive Order 9424. Any instrument to be recorded will be placed on this Secret Register at the request of the department or agency submitting the same. No information will be given concerning any instrument in such record or register, and no examination or inspection thereof or of the index thereto will be permitted, except on the written authority of the head of the department or agency which submitted the instrument and requested secrecy, and the approval of such authority by the Director. No instrument or record other than the one specified may be examined, and the examination must take place in the presence of a designated official of the Patent and Trademark Office. When the department or agency which submitted an instrument no longer requires secrecy with respect to that instrument, it must be recorded anew in the Departmental Register. [62 FR 53203, Oct. 10, 1997]
37 CFR 3.61 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Domestic representative.

§ 3.61 Domestic representative. If the assignee of a patent, patent application, trademark application or trademark registration is not domiciled in the United States, the assignee may designate a domestic representative in a document filed in the United States Patent and Trademark Office. The designation should state the name and address of a person residing within the United States on whom may be served process or notice of proceedings affecting the application, patent or registration or rights thereunder. [67 FR 79522, Dec. 30, 2002]
37 CFR 3.71 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Prosecution by assignee.

§ 3.71 Prosecution by assignee. (a) Patents—conducting of prosecution. One or more assignees as defined in paragraph (b) of this section may conduct prosecution of a national patent application as the applicant under § 1.46 of this title, or conduct prosecution of a supplemental examination or reexamination proceeding, to the exclusion of the inventor or previous applicant or patent owner. Conflicts between purported assignees are handled in accordance with § 3.73(c)(3). (b) Patents—assignee(s) who can prosecute. The assignee(s) who may conduct either the prosecution of a national application for patent as the applicant under § 1.46 of this title or a supplemental examination or reexamination proceeding are: (1) A single assignee. An assignee of the entire right, title and interest in the application or patent, or (2) Partial assignee(s) together or with inventor(s). All partial assignees, or all partial assignees and inventors who have not assigned their right, title and interest in the application or patent, who together own the entire right, title and interest in the application or patent. A partial assignee is any assignee having less than the entire right, title and interest in the application or patent. The word “assignee” as used in this chapter means with respect to patent matters the single assignee of the entire right, title and interest in the application or patent if there is such a single assignee, or all of the partial assignees, or all of the partial assignee and inventors who have not assigned their interest in the application or patent, who together own the entire right, title and interest in the application or patent. (c) Patents—Becoming of record. An assignee becomes of record as the applicant in a national patent application under § 1.46 of this title, and in a supplemental examination or reexamination proceeding, by filing a statement in compliance with § 3.73(c) that is signed by a party who is authorized to act on behalf of the assignee. (d) Trademarks. The assignee of a trademark application or registration may prosecute a trademark application, submit documents to maintain a trademark registration, or file papers against a third party in reliance on the assignee's trademark application or registration, to the exclusion of the original applicant or previous assignee. The assignee must establish ownership in compliance with § 3.73(b). [65 FR 54682, Sept. 8, 2000, as amended at 77 FR 48825, Aug. 14, 2012]
37 CFR 3.81 — Assignment, Recording and Rights of Assignee
Current through: 2024-07-01

Issue of patent to assignee.

§ 3.81 Issue of patent to assignee. (a) With payment of the issue fee: An application may issue in the name of the assignee consistent with the application's assignment where a request for such issuance is submitted with payment of the issue fee, provided the assignment has been previously recorded in the Office. If the assignment has not been previously recorded, the request must state that the document has been filed for recordation as set forth in § 3.11. (b) After payment of the issue fee: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter. (c) Partial assignees. (1) If one or more assignee, together with one or more inventor, holds the entire right, title, and interest in the application, the patent may issue in the names of the assignee and the inventor. (2) If multiple assignees hold the entire right, title, and interest to the exclusion of all the inventors, the patent may issue in the names of the multiple assignees. [69 FR 29879, May 26, 2004]