§1320 Ownership and Transfer

Summary

Ownership of a protected design goes to the designer, the designer’s legal representatives if the designer is dead or incapacitated, the employer if the design was made as part of the designer’s regular job, or anyone the designer or employer transfers the rights to. The owner can sell, give, mortgage, or leave the registered design in a will, but transfers must be in writing and signed. A sworn or acknowledged statement under section 1312 is accepted as initial proof that a transfer was signed. To be safe against later buyers or lenders, the transfer must be recorded in the Office of the Administrator within 3 months of its date or before that later buyer or mortgage.