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Question
On May 2, 2022, inventor Dr. Leona Tan holds Patent No. P-2022-555 for a novel tissue-sealing device. She signs a Deed of Patent Assignment transferring all rights in the patent to "NovaForge Technologies, Inc." The instrument is in writing and notarized, but not recorded with IPOPHL. NovaForge begins to exploit the device and later grants a license to BioMold Corp. In December 2023, a competing firm, PulseTech Systems, Inc., starts manufacturing a similar device, claiming no knowledge of any assignment. Dr. Tan dies in 2027; NovaForge seeks to enforce its rights against PulseTech. (a) Is NovaForge’s assignment binding against PulseTech despite the lack of IPOPHL recordation? (b) What is the effect of the failure to record on NovaForge’s rights against PulseTech? (c) If NovaForge later records the assignment with IPOPHL, what is the likely effect on PulseTech’s position and on any earlier acts by PulseTech?