http://ipspotlight.com/2007/12/03/can-a-patent-be-assigned-on-a-claim-by-claim-basis/ News from the intersection of intellectual property and business law Thu, 26 Jan 2012 23:48:40 +0000 hourly 1 http://wordpress.com/ http://ipspotlight.com/2007/12/03/can-a-patent-be-assigned-on-a-claim-by-claim-basis/#comment-1424 Sun, 06 Jan 2008 19:13:17 +0000 http://ipspotlight.com/2007/12/03/can-a-patent-be-assigned-on-a-claim-by-claim-basis/#comment-1424 Most likely yes. The original Supreme Court decision (Pope Mfg. Co. v. Gormully – 1892) simply said that “the so-called assignment is a mere license”, and it did not state whether the license was exclusive or non-exclusive. However, in 2007 the Federal Circuit looked back at the Pope case and said that the license granted in Pope was exclusive, at least within the field of use of the particular claim. (See International Gamco, Inc. v. Multimedia Games, Inc. – Fed. Cir. 2007.)

]]> http://ipspotlight.com/2007/12/03/can-a-patent-be-assigned-on-a-claim-by-claim-basis/#comment-934 Wed, 05 Dec 2007 15:39:54 +0000 http://ipspotlight.com/2007/12/03/can-a-patent-be-assigned-on-a-claim-by-claim-basis/#comment-934 Would it be considered an exclusive license? I would think so if the intent of the “assignment” was to convey all rights in the specified claims.

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