What is the difference between recording and registering a patent assignment?
What is the difference between recording and registering a patent assignment?
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.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 302 - Recording of Assignment Documents,
Patent Law,
Patent Procedure