What is the effect of recording a document at the USPTO?
Recording a document at the USPTO has the following effects:
- It does not determine the validity of the document or its effect on title.
- The Office may determine a document’s effect when necessary for Office proceedings.
- Conditional assignments are treated as absolute assignments until canceled.
- Recording provides protection against subsequent purchasers without notice.
37 CFR 3.54 states: The recording of a document pursuant to §3.11 is not a determination by the Office of the validity of the document or the effect that document has on the title to an application, a patent, or a registration.
Additionally, according to 35 U.S.C. 261, timely recording at the USPTO is crucial for maintaining superiority of rights against subsequent purchasers.
For more information on document recording, visit: document recording.
For more information on patent assignment, visit: patent assignment.
For more information on USPTO procedures, visit: USPTO procedures.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 317 - Handling of Documents in the Assignment Division,
Patent Law,
Patent Procedure