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Question
On January 15, 2028, inventor Dr. Mara Santos holds Patent No. P-2028-333 for a novel biodegradable packaging device. She executes a Deed of Patent Assignment transferring all rights in the patent to 'VentureQuantum IP, Inc.' The instrument is in writing and notarized, but not recorded with IPOPHL. VentureQuantum licenses the patent to BioSphere Solutions, Inc. In 2028, a rival company EcoPack Solutions, Inc. begins manufacturing a device that uses the same invention, claiming no knowledge of the assignment. Dr. Santos dies in 2030; VentureQuantum seeks to enforce its rights against EcoPack. Answer the following: (a) Is VentureQuantum’s assignment binding against EcoPack despite the lack of IPOPHL recordation? (b) What is the effect of the failure to record on VentureQuantum’s rights against EcoPack? (c) If VentureQuantum later records the assignment with IPOPHL, what is the likely effect on EcoPack’s position and on any earlier acts by EcoPack?