Can security interests in patents be recorded at the USPTO?

Can security interests in patents be recorded at the USPTO?

Yes, security interests in patents can be recorded at the USPTO. MPEP 313 states:

Other documents relating to interests in patents or applications will be recorded as provided in 37 CFR 3.11(a).

This includes security interests, which are typically recorded to protect the lender’s rights in case of default. Recording a security interest provides public notice of the lender’s claim on the patent asset.

To record a security interest:

• Submit the document to the USPTO’s Assignment Recordation Branch
• Pay the required fee
• Ensure the document meets the requirements outlined in MPEP 302

Recording does not guarantee the validity of the security interest but establishes an official record of the claim.

For more information on security interests, visit: security interests.