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Remove patent assignment from UCC-

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Riley 77

Member
What is the name of your state? MA
Have an LLC with business partner. My patent was added to LLC. Patent. Assignment file only with UCC, nothing filed with USPTO. Partner never filed annual reports for LLC as she used her home address and told me she'll take care of that. I found out the SOC involuntarily dissolved LLC. She's a non participating partner with work or financially contributing since LLC was filed! I need to end this but not sure best strategy. I also believe. There is a breach of contract on her behalf. HELP!!
 


quincy

Senior Member
What is the name of your state? MA
Have an LLC with business partner. My patent was added to LLC. Patent. Assignment file only with UCC, nothing filed with USPTO. Partner never filed annual reports for LLC as she used her home address and told me she'll take care of that. I found out the SOC involuntarily dissolved LLC. She's a non participating partner with work or financially contributing since LLC was filed! I need to end this but not sure best strategy. I also believe. There is a breach of contract on her behalf. HELP!!
You should speak to an attorney in your area.

You never sought protection for your invention?
 

zddoodah

Active Member
My patent was added to LLC.
I assume this means that, at some point you (individually) applied for and were awarded a patent and that, thereafter, you assigned the patent to the LLC. If that's not accurate, please clarify what this means.


Assignment file only with UCC, nothing filed with USPTO.
Huh?


Partner never filed annual reports for LLC as she used her home address and told me she'll take care of that.
Annual reports about what? Filed with whom? Used her home address for what purpose? Take care of what?


I need to end this but not sure best strategy. I also believe. There is a breach of contract on her behalf. HELP!!
I'm not sure what sort of help you're seeking, but it sounds like you ought to retain the services of a local business attorney.
 

quincy

Senior Member
A patent is a grant by the US Patent and Trademark Office so I question Riley’s use of “patent” here, unless Riley has a utility or design or plant patent and it is only the assignment of this patent that has not been recorded.

Whatever the case, there is enough going on here that it sounds like a personal review by an attorney in Massachusetts will be necessary.
 

Riley 77

Member
You should speak to an attorney in your area.

You never sought protection for your invention?
I assume this means that, at some point you (individually) applied for and were awarded a patent and that, thereafter, you assigned the patent to the LLC. If that's not accurate, please clarify what this means.




Huh?




Annual reports about what? Filed with whom? Used her home address for what purpose? Take care of what?
Annual reports for LLC, patent assignment with UCC, My address was not added for correspondence from LLC. I'm looking for advice on how to remove my patent from LLC that was filed with UCC.



I'm not sure what sort of help you're seeking, but it sounds like you ought to retain the services of a local business attorney.
 

Riley 77

Member
You should speak to an attorney in your area.

You never sought protection for your invention?
A patent is a grant by the US Patent and Trademark Office so I question Riley’s use of “patent” here, unless Riley has a utility or design or plant patent and it is only the assignment of this patent that has not been recorded.

Whatever the case, there is enough going on here that it sounds like a personal review by an attorney in Massachusetts will be necessary.
I was issued a utility patent, which went into an LLC, it was filed at the UCC as a patent assignment. It was not filed at the USPTO , which means it's still in my name only at USPTO not attached to the LLC. USPTO. Is federal, UCC is state . Just trying to remove this from UCC.
 

quincy

Senior Member
I was issued a utility patent, which went into an LLC, it was filed at the UCC as a patent assignment. It was not filed at the USPTO , which means it's still in my name only at USPTO not attached to the LLC. USPTO. Is federal, UCC is state . Just trying to remove this from UCC.
Did you assign the patent to your former partner or to the LLC?

If you assigned all rights to the patent to the LLC, the LLC holds the patent, and the patent at the time of this assignment became an asset of the LLC.

You will need to sit down with an attorney in your area for a personal review of the assignment document and a personal review of your LLC to see if you can regain patent rights.
 

Riley 77

Member
Did you assign the patent to your former partner or to the LLC?

If you assigned all rights to the patent to the LLC, the LLC holds the patent, and the patent at the time of this assignment became an asset of the LLC.

You will need to sit down with an attorney in your area for a personal review of the assignment document and a personal review of your LLC to see if you can regain patent rights.
Yes the LLC owns it, was here just trying to get more info before meeting with my attorney this week. If LLC was dissolved by SOC, does it make the process a bit easier? Ty
 

quincy

Senior Member
Yes the LLC owns it, was here just trying to get more info before meeting with my attorney this week. If LLC was dissolved by SOC, does it make the process a bit easier? Ty
Does the dissolution make it “easier?” Probably not.

It really depends on the terms of the patent assignment. The dissolved LLC apparently holds all patent rights and therefore the patent is an asset of the LLC subject to sale or attachment by creditors.

I am glad you will be seeking help from an attorney in your area. The attorney should be familiar with IP rights.

Good luck.
 

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