Can the USPTO determine if conditions in a conditional assignment have been fulfilled?
No, the USPTO does not determine whether conditions in a conditional assignment have been fulfilled. According to 37 CFR 3.56:
“The Office does not determine whether such conditions have been fulfilled.”
The USPTO treats the submission of a conditional assignment for recordation as an indication that the condition has been met. This policy simplifies the Office’s handling of assignments and places the responsibility on the parties involved to ensure conditions are met before recording.
To learn more:
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure