What is patent ownership according to 35 U.S.C. 261?
According to 35 U.S.C. 261, patents have the attributes of personal property and are assignable by an instrument in writing. Specifically, the statute states:
‘Subject to the provisions of this title, patents shall have the attributes of personal property. […] Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing.’
This means that patent owners can transfer their rights to others through written assignments, similar to other forms of property.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 301-Ownership/Assignability of Patents and Applications,
Patent Law,
Patent Procedure