What is the importance of timely recording patent assignments?
Timely recording of patent assignments is crucial for protecting rights against subsequent purchasers. As per 35 U.S.C. 261:
“if an assignment is not timely recorded at the USPTO, the unrecorded assignment will not be superior to the rights acquired by a third party, i.e. a bona fide purchaser, for valuable consideration if that third party did not have knowledge of the unrecorded assignment.”
This provision emphasizes the importance of promptly recording assignments to maintain priority over subsequent purchasers who may not have knowledge of the unrecorded assignment.
To learn more:
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure