What are the attributes of patent ownership?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 MPEP 301, patents have the attributes of personal property. The MPEP states:

’35 U.S.C. 261 Ownership; assignment. Subject to the provisions of this title, patents shall have the attributes of personal property.’

This means that patents can be bought, sold, licensed, or transferred like other forms of property. However, it’s important to note that owning a patent doesn’t necessarily grant the right to practice the invention, as other legal considerations may apply.

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

For more information on personal property, visit: personal property.

Topics: MPEP 300 - Ownership and Assignment MPEP 301-Ownership/Assignability of Patents and Applications Patent Law Patent Procedure
Tags: Assignment Definitions, Assignment Ownership, Constructive Notice, Fees, Licenses Security Interests