What is the difference between recording and registering a patent assignment?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Recording and registering a patent assignment are two distinct processes:

• Recording refers to submitting the assignment document to the USPTO for public notice. As stated in MPEP 302, ‘The recording of the assignment document in the USPTO is merely a ministerial act and does not determine the validity of the document.’
• Registering is not a term used by the USPTO for assignments. The term ‘registration’ is typically used for trademarks, not patents.

Recording an assignment provides constructive notice of the transfer of ownership but does not guarantee the assignment’s validity or enforceability.

For more information on ownership transfer, visit: ownership transfer.

For more information on patent assignment, visit: patent assignment.

For more information on USPTO, visit: USPTO.