Patent Law FAQ

Recording documents with the USPTO serves several important purposes:

• Provides constructive notice to the public of the recorded document
• Protects against subsequent purchasers or mortgagees
• Establishes priority dates for security interests
• Maintains a clear chain of title for patents and applications

MPEP 313 states: The recording of a document pursuant to 37 CFR 3.11 is not a determination by the Office of the validity of the document or the effect that document has on the title to an application, a patent, or a registration. However, recording does provide legal benefits and helps maintain accurate ownership records.

For more information on chain of title, visit: chain of title.

For more information on Constructive Notice, visit: Constructive Notice.

If a patent application is filed without a correspondence address:

• The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements.
• If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address.
• Without a correspondence address, the applicant is considered to have constructive notice of application requirements as of the filing date.
• The applicant has 2 months from the filing date to complete the application before it is abandoned.

According to MPEP 403: “If a patent application as filed has been accorded a filing date but is not complete, the applicant is notified and given a period of time within which to file the missing parts to complete the application and pay the applicable surcharge. … If the applicant fails to provide the Office with a correspondence address, the Office will be unable to provide the applicant with notification to complete the application and to pay the surcharge as set forth in 37 CFR 1.16(f) for nonprovisional applications and 37 CFR 1.16(g) for provisional applications. In such a case, the applicant will be considered to have constructive notice as of the filing date that the application must be completed and the applicant will have 2 months from the filing date in which to do so before abandonment occurs.”

If a patent application is filed without a correspondence address:

• The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements.
• If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address.
• Without a correspondence address, the applicant is considered to have constructive notice of application requirements as of the filing date.
• The applicant has 2 months from the filing date to complete the application before it is abandoned.

According to MPEP 403: “If a patent application as filed has been accorded a filing date but is not complete, the applicant is notified and given a period of time within which to file the missing parts to complete the application and pay the applicable surcharge. … If the applicant fails to provide the Office with a correspondence address, the Office will be unable to provide the applicant with notification to complete the application and to pay the surcharge as set forth in 37 CFR 1.16(f) for nonprovisional applications and 37 CFR 1.16(g) for provisional applications. In such a case, the applicant will be considered to have constructive notice as of the filing date that the application must be completed and the applicant will have 2 months from the filing date in which to do so before abandonment occurs.”

Recording documents with the USPTO serves several important purposes:

• Provides constructive notice to the public of the recorded document
• Protects against subsequent purchasers or mortgagees
• Establishes priority dates for security interests
• Maintains a clear chain of title for patents and applications

MPEP 313 states: The recording of a document pursuant to 37 CFR 3.11 is not a determination by the Office of the validity of the document or the effect that document has on the title to an application, a patent, or a registration. However, recording does provide legal benefits and helps maintain accurate ownership records.

For more information on chain of title, visit: chain of title.

For more information on Constructive Notice, visit: Constructive Notice.

If a patent application is filed without a correspondence address:

• The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements.
• If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address.
• Without a correspondence address, the applicant is considered to have constructive notice of application requirements as of the filing date.
• The applicant has 2 months from the filing date to complete the application before it is abandoned.

According to MPEP 403: “If a patent application as filed has been accorded a filing date but is not complete, the applicant is notified and given a period of time within which to file the missing parts to complete the application and pay the applicable surcharge. … If the applicant fails to provide the Office with a correspondence address, the Office will be unable to provide the applicant with notification to complete the application and to pay the surcharge as set forth in 37 CFR 1.16(f) for nonprovisional applications and 37 CFR 1.16(g) for provisional applications. In such a case, the applicant will be considered to have constructive notice as of the filing date that the application must be completed and the applicant will have 2 months from the filing date in which to do so before abandonment occurs.”

Recording documents with the USPTO serves several important purposes:

• Provides constructive notice to the public of the recorded document
• Protects against subsequent purchasers or mortgagees
• Establishes priority dates for security interests
• Maintains a clear chain of title for patents and applications

MPEP 313 states: The recording of a document pursuant to 37 CFR 3.11 is not a determination by the Office of the validity of the document or the effect that document has on the title to an application, a patent, or a registration. However, recording does provide legal benefits and helps maintain accurate ownership records.

For more information on chain of title, visit: chain of title.

For more information on Constructive Notice, visit: Constructive Notice.

If a patent application is filed without a correspondence address:

• The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements.
• If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address.
• Without a correspondence address, the applicant is considered to have constructive notice of application requirements as of the filing date.
• The applicant has 2 months from the filing date to complete the application before it is abandoned.

According to MPEP 403: “If a patent application as filed has been accorded a filing date but is not complete, the applicant is notified and given a period of time within which to file the missing parts to complete the application and pay the applicable surcharge. … If the applicant fails to provide the Office with a correspondence address, the Office will be unable to provide the applicant with notification to complete the application and to pay the surcharge as set forth in 37 CFR 1.16(f) for nonprovisional applications and 37 CFR 1.16(g) for provisional applications. In such a case, the applicant will be considered to have constructive notice as of the filing date that the application must be completed and the applicant will have 2 months from the filing date in which to do so before abandonment occurs.”