35 U.S.C. § 261 — Ownership; assignment (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 261 Ownership; assignment
This page consolidates MPEP guidance interpreting 35 U.S.C. § 261, including 31 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section covers the legal concept of ownership in patents, including what constitutes a valid assignment, and explains the requirements for recording assignments to ensure they are valid and enforceable.
What this section covers
- Define the legal concept of ownership in patents, including what constitutes a valid assignment.
- Explain the requirements for recording assignments to ensure they are valid and enforceable.
Key obligations
- Ensure that all rights associated with the ownership interest are transferred in an assignment.
- Record assignments to satisfy legal requirements and ensure enforceability.
- Comply with USC and CFR regulations regarding patent assignability.
Practice notes
- Advise practitioners to review the specific requirements for recording assignments in the Patent and Trademark Office's regulations.
- Warn against common mistakes such as failing to record an assignment, which can lead to invalid assignments and potential legal issues.
Official MPEP § 261 — Ownership; assignment
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 261 Ownership; assignment.
Subject to the provisions of this title, patents shall have the attributes of personal property. The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor.
Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing. The applicant, patentee, or his assigns or legal representatives may in like manner grant and convey an exclusive right under his application for patent, or patents, to the whole or any specified part of the United States.
A certificate of acknowledgment under the hand and official seal of a person authorized to administer oaths within the United States, or, in a foreign country, of a diplomatic or consular officer of the United States or an officer authorized to administer oaths whose authority is proved by a certificate of a diplomatic or consular officer of the United States, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States, shall be prima facie evidence of the execution of an assignment, grant, or conveyance of a patent or application for patent.
An interest that constitutes an assignment, grant, or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent and Trademark Office within three months from its date or prior to the date of such subsequent purchase or mortgage.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Aug. 27, 1982, Public Law 97-247, sec. 14(b), 96 Stat. 321; Dec. 18, 2012, Public Law 112-211, sec. 201(d), 126 Stat. 1535.)
- Aia Practice
- Aia Overview
-
- Ownership Fundamentals
- Recording Assignments
-
-
- International Design
- Hague Principles
- Reissue
- Reissue Ownership
| MPEP Section | Rules |
|---|---|
| MPEP § 2142 | |
| MPEP § 2903 | |
| MPEP § 301 | |
| MPEP § 313 | |
| MPEP § 317.03 | |
| MPEP § 324 | |
| MPEP § 325 |