What is patent ownership according to 35 U.S.C. 261?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Record of Patents and Applications Required MPEP 301 Required Assignment of Patent Must Be in Writing MPEP 301 Assignment of Patents Must Be in Writing MPEP 301 Required Definitions for Ownership and Assignability of Patents and Applications MPEP 301 Required Patent Assignments Must Be In Writing MPEP 301 Patents Are Personal Property MPEP 301 Required Requirement for Written Assignment MPEP 301 Two Ways to Record Assignments for Patent Property MPEP 301 Permitted Assignment of Patent Transfers Ownership MPEP 301 Assignment of Patent Transfers Ownership Interest MPEP 301 Other Related FAQs 5 FAQs Collapse What information is available in USPTO patent assignment records? How does the USPTO handle confidential patent assignment information? What is the significance of recording a patent assignment? Are all patent assignment records publicly accessible? What information is available in the USPTO&#8217;s assignment database?