How do I record a government interest in a patent?
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 a government interest in a patent requires special procedures:
- Prepare the document establishing the government interest
- Complete a patent cover sheet, indicating it relates to a government interest
- Submit the document and cover sheet to the USPTO
As stated in MPEP 302.07: “Cover sheets required by 37 CFR 3.28 seeking to record a governmental interest must also (1) indicate that the document relates to a governmental interest and (2) indicate, if applicable, that the document to be recorded is not a document affecting title.”
Key points for government interest recordations:
- No fee is required if the document doesn’t affect title and is properly identified
- These documents are recorded in a special Departmental Register
- Some government documents may be recorded in a Secret Register with restricted access
Government agencies should follow Executive Order 9424 which requires prompt forwarding of government interests in patents for recording.
For more information on patent recordation, visit: patent recordation.