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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

On March 15, 2023, inventor Dr. Lira Santos holds Patent No. P-TRU-9901 for a novel bioreactor design. She signs a Deed of Patent Assignment transferring all rights in the patent to 'Equinox IP Holdings, Ltd.' The instrument is in writing and notarized, but not recorded with IPOPHL. Equinox IP Holdings grants an exclusive license to MiraTech Solutions, Inc. In August 2025, a competitor BioFlux Labs begins manufacturing a similar bioreactor, claiming no knowledge of the assignment. Dr. Santos dies in 2027; Equinox seeks to enforce its rights against BioFlux. (a) Is Equinox’s assignment binding against BioFlux despite the lack of IPOPHL recordation? (b) What is the effect of the failure to record on Equinox’s rights against BioFlux? (c) If Equinox later records the assignment with IPOPHL, what is the likely effect on BioFlux’s position and on any earlier acts by BioFlux?

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Yes; recording is unnecessary for assignments—only licenses require IPOPHL recording. Yes; the Deed of Patent Assignment is binding between Equinox IP Holdings and Dr. Lira Santos even without IPOPHL recording, but Equinox cannot enforce against BioFlux Labs until the assignment is recorded. Death of the inventor terminates the assignment and reverts rights to the estate. If Equinox later records, the assignment is enforceable against BioFlux for all acts after the date of assignment, not retroactively.

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