MPEP § 302 — Recording of Assignment Documents (Annotated Rules)

§302 Recording of Assignment Documents

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 302, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Recording of Assignment Documents

This section addresses Recording of Assignment Documents.

Key Rules

Topic

Written Authority to Inspect

4 rules
StatutoryRequiredAlways
[mpep-302-1ec7f17c290b3d7a8055eadd]
Governmental Interests Recorded Secretly
Note:
The Office must maintain a secret register to record governmental interests as required by Executive Order 9424, and no information can be disclosed without written authority from the submitting department or agency.

(b) The Office will maintain a Secret Register to record governmental interests required to be recorded by Executive Order 9424. Any instrument to be recorded will be placed on this Secret Register at the request of the department or agency submitting the same. No information will be given concerning any instrument in such record or register, and no examination or inspection thereof or of the index thereto will be permitted, except on the written authority of the head of the department or agency which submitted the instrument and requested secrecy, and the approval of such authority by the Director. No instrument or record other than the one specified may be examined, and the examination must take place in the presence of a designated official of the Patent and Trademark Office. When the department or agency which submitted an instrument no longer requires secrecy with respect to that instrument, it must be recorded anew in the Departmental Register.

Jump to MPEP Source · 37 CFR 3.58Written Authority to InspectPower to Inspect Application (MPEP 104)Access to Patent Application Files (MPEP 101-106)
StatutoryPermittedAlways
[mpep-302-93faabb519e97ab7c2c59a5d]
Governmental Instruments Recorded with Written Authority
Note:
Instruments submitted for recording must be placed on a Secret Register, and examination is permitted only with written authority from the submitting department or agency and approval by the Director.

(b) The Office will maintain a Secret Register to record governmental interests required to be recorded by Executive Order 9424. Any instrument to be recorded will be placed on this Secret Register at the request of the department or agency submitting the same. No information will be given concerning any instrument in such record or register, and no examination or inspection thereof or of the index thereto will be permitted, except on the written authority of the head of the department or agency which submitted the instrument and requested secrecy, and the approval of such authority by the Director. No instrument or record other than the one specified may be examined, and the examination must take place in the presence of a designated official of the Patent and Trademark Office. When the department or agency which submitted an instrument no longer requires secrecy with respect to that instrument, it must be recorded anew in the Departmental Register.

Jump to MPEP Source · 37 CFR 3.58Written Authority to InspectPower to Inspect Application (MPEP 104)Access to Patent Application Files (MPEP 101-106)
StatutoryRequiredAlways
[mpep-302-23da853d1e0c6bda9a507c8e]
No Other Instruments May Be Examined
Note:
Only the specified instrument may be examined, and such examination must occur in the presence of a designated official from the Patent and Trademark Office.

(b) The Office will maintain a Secret Register to record governmental interests required to be recorded by Executive Order 9424. Any instrument to be recorded will be placed on this Secret Register at the request of the department or agency submitting the same. No information will be given concerning any instrument in such record or register, and no examination or inspection thereof or of the index thereto will be permitted, except on the written authority of the head of the department or agency which submitted the instrument and requested secrecy, and the approval of such authority by the Director. No instrument or record other than the one specified may be examined, and the examination must take place in the presence of a designated official of the Patent and Trademark Office. When the department or agency which submitted an instrument no longer requires secrecy with respect to that instrument, it must be recorded anew in the Departmental Register.

Jump to MPEP Source · 37 CFR 3.58Written Authority to InspectPower to Inspect Application (MPEP 104)Access to Patent Application Files (MPEP 101-106)
StatutoryRequiredAlways
[mpep-302-2aba5ea7745bac6a48990913]
Instrument Must Be Recorded Again When Secrecy Ends
Note:
When a department or agency no longer requires secrecy for an instrument submitted to the Secret Register, it must be recorded anew in the Departmental Register.

(b) The Office will maintain a Secret Register to record governmental interests required to be recorded by Executive Order 9424. Any instrument to be recorded will be placed on this Secret Register at the request of the department or agency submitting the same. No information will be given concerning any instrument in such record or register, and no examination or inspection thereof or of the index thereto will be permitted, except on the written authority of the head of the department or agency which submitted the instrument and requested secrecy, and the approval of such authority by the Director. No instrument or record other than the one specified may be examined, and the examination must take place in the presence of a designated official of the Patent and Trademark Office. When the department or agency which submitted an instrument no longer requires secrecy with respect to that instrument, it must be recorded anew in the Departmental Register.

Jump to MPEP Source · 37 CFR 3.58Written Authority to InspectPower to Inspect Application (MPEP 104)Access to Patent Application Files (MPEP 101-106)
Topic

Recordable Documents (37 CFR 3.11)

3 rules
StatutoryInformativeAlways
[mpep-302-69524ebc999cdd2ae8c18abb]
Government Patent Interests Must Be Recorded Promptly
Note:
All licenses, assignments, or other interests of the government in patents or patent applications must be promptly recorded with the Director.

(b) Executive Order 9424 of February 18, 1944 (9 FR 1959, 3 CFR 1943-1948 Comp., p. 303) requires the several departments and other executive agencies of the Government, including Government-owned or Government-controlled corporations, to forward promptly to the Director for recording all licenses, assignments, or other interests of the Government in or under patents or patent applications. Assignments and other documents affecting title to patents or patent applications and documents not affecting title to patents or patent applications required by Executive Order 9424 to be filed will be recorded as provided in this part.

Jump to MPEP Source · 37 CFR 3.11Recordable Documents (37 CFR 3.11)Recording of Assignments (MPEP 302-303)Assignment and Ownership (MPEP Chapter 300)
StatutoryRequiredAlways
[mpep-302-bf6b39776e6e94e6f715c5f8]
Recording of Assignment Documents Required
Note:
All assignments and other documents affecting title to patents or patent applications, as well as those not affecting title, required by Executive Order 9424 must be recorded as specified in this part.

(b) Executive Order 9424 of February 18, 1944 (9 FR 1959, 3 CFR 1943-1948 Comp., p. 303) requires the several departments and other executive agencies of the Government, including Government-owned or Government-controlled corporations, to forward promptly to the Director for recording all licenses, assignments, or other interests of the Government in or under patents or patent applications. Assignments and other documents affecting title to patents or patent applications and documents not affecting title to patents or patent applications required by Executive Order 9424 to be filed will be recorded as provided in this part.

Jump to MPEP Source · 37 CFR 3.11Recordable Documents (37 CFR 3.11)Recording of Assignments (MPEP 302-303)Assignment and Ownership (MPEP Chapter 300)
StatutoryInformativeAlways
[mpep-302-25a5b9f4b1a3fd3869cfbdfb]
Requirement for Recording Joint Research Agreements
Note:
The Office must record a joint research agreement or an excerpt from one.

37 CFR 3.11(c) provides that the Office will record a joint research agreement or an excerpt of a joint research agreement.

Jump to MPEP Source · 37 CFR 3.11(c)Recordable Documents (37 CFR 3.11)Recording of Assignments (MPEP 302-303)Assignment and Ownership (MPEP Chapter 300)
Topic

Cover Sheet Requirements (37 CFR 3.31)

2 rules
StatutoryInformativeAlways
[mpep-302-4c598ae58d014fe46b39dec3]
Cover Sheets Required for Recording Assignments
Note:
Assignments of patent applications and patents must be recorded with completed cover sheets as specified.

(a) Assignments of applications, patents, and registrations, and other documents relating to interests in patent applications and patents, accompanied by completed cover sheets as specified in § 3.28 and § 3.31, will be recorded in the Office. Other documents, accompanied by completed cover sheets as specified in § 3.28 and § 3.31, affecting title to applications, patents, or registrations, will be recorded as provided in this part or at the discretion of the Director.

Jump to MPEP Source · 37 CFR 3.28Cover Sheet Requirements (37 CFR 3.31)Recordable Documents (37 CFR 3.11)Recording of Assignments (MPEP 302-303)
StatutoryInformativeAlways
[mpep-302-d3dc837a423b88e51cc6f968]
Cover Sheets for Recording Documents Affecting Title
Note:
Documents affecting title to applications, patents, or registrations must be accompanied by completed cover sheets as specified in §3.28 and §3.31 before recording.

(a) Assignments of applications, patents, and registrations, and other documents relating to interests in patent applications and patents, accompanied by completed cover sheets as specified in § 3.28 and § 3.31, will be recorded in the Office. Other documents, accompanied by completed cover sheets as specified in § 3.28 and § 3.31, affecting title to applications, patents, or registrations, will be recorded as provided in this part or at the discretion of the Director.

Jump to MPEP Source · 37 CFR 3.28Cover Sheet Requirements (37 CFR 3.31)Recordable Documents (37 CFR 3.11)Recording of Assignments (MPEP 302-303)
Topic

Right of Public to Inspect (MPEP 103)

2 rules
StatutoryInformativeAlways
[mpep-302-daf05c8748146137da18d9ea]
Governmental Registers Not Open to Public Inspection
Note:
The Departmental Register recording governmental interests will not be accessible to the public but can be examined by authorized government representatives.

(a) The Office will maintain a Departmental Register to record governmental interests required to be recorded by Executive Order 9424. This Departmental Register will not be open to public inspection but will be available for examination and inspection by duly authorized representatives of the Government. Governmental interests recorded on the Departmental Register will be available for public inspection as provided in § 1.12.

Jump to MPEP Source · 37 CFR 1.12Right of Public to Inspect (MPEP 103)Third Party Access to Files (MPEP 103, 1134.01)Access to Patent Application Files (MPEP 101-106)
StatutoryInformativeAlways
[mpep-302-4910ce6fc938fd5761886405]
Governmental Interests Available for Public Inspection
Note:
The Departmental Register recording governmental interests will be accessible to the public as per §1.12.

(a) The Office will maintain a Departmental Register to record governmental interests required to be recorded by Executive Order 9424. This Departmental Register will not be open to public inspection but will be available for examination and inspection by duly authorized representatives of the Government. Governmental interests recorded on the Departmental Register will be available for public inspection as provided in § 1.12.

Jump to MPEP Source · 37 CFR 1.12Right of Public to Inspect (MPEP 103)Third Party Access to Files (MPEP 103, 1134.01)Access to Patent Application Files (MPEP 101-106)
Topic

Assignment and Ownership (MPEP Chapter 300)

1 rules
StatutoryRequiredAlways
[mpep-302-133b31c3753eb95a45be5bf6]
Departmental Register for Governmental Interests Required by Executive Order 9424
Note:
The Office must maintain a Departmental Register to record governmental interests as required by Executive Order 9424, which will be available for inspection by authorized government representatives but not the public.

(a) The Office will maintain a Departmental Register to record governmental interests required to be recorded by Executive Order 9424. This Departmental Register will not be open to public inspection but will be available for examination and inspection by duly authorized representatives of the Government. Governmental interests recorded on the Departmental Register will be available for public inspection as provided in § 1.12.

Jump to MPEP Source · 37 CFR 1.12Assignment and Ownership (MPEP Chapter 300)Right of Public to Inspect (MPEP 103)Third Party Access to Files (MPEP 103, 1134.01)

Citations

Primary topicCitation
Assignment and Ownership (MPEP Chapter 300)
Right of Public to Inspect (MPEP 103)
37 CFR § 1.12
Recordable Documents (37 CFR 3.11)37 CFR § 3.11(c)
Cover Sheet Requirements (37 CFR 3.31)37 CFR § 3.28
Cover Sheet Requirements (37 CFR 3.31)37 CFR § 3.31

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31