Patent Law FAQ

The USPTO records documents other than assignments for several important reasons:

1. Public interest: To provide notification to third parties of equitable interests or other matters relevant to patent ownership.
2. Transparency: To maintain a clear record of various interests in patents and patent applications.
3. Legal compliance: To fulfill the requirements of 35 U.S.C. 261 and 37 CFR 3.11.

The MPEP states, “Such documents are recorded in the public interest in order to give third parties notification of equitable interests or other matters relevant to the ownership of a patent or application.” (MPEP 313)

If the USPTO returns a document unrecorded and you believe it represents an unusual case that justifies recordation, you have the option to petition for its recordation. The MPEP provides the following guidance:

“Any document returned unrecorded, which the sender nevertheless believes represents an unusual case which justifies recordation, may be submitted to the Office of Petitions with a petition under 37 CFR 1.181 requesting recordation of the document.” (MPEP 313)

To petition:

1. Submit the document to the Office of Petitions
2. Include a petition under 37 CFR 1.181
3. Provide justification for why the document should be recorded

No, the USPTO does not determine the legal effect of recorded documents on patent ownership at the time of recordation. The MPEP clearly states:

“The recordation of a document is not a determination of the effect of the document on the chain of title. The determination of what, if any, effect a document has on title will be made by the Office at such times as ownership must be established to permit action to be taken by the purported assignee in connection with a patent or an application.” (MPEP 313)

This means:

• Recordation is primarily for public notice
• The USPTO will evaluate ownership when necessary for specific actions
• Parties should not assume recordation equates to USPTO approval of ownership claims

Yes, you can submit assignments and other documents affecting title to the USPTO via fax. The MPEP states: Assignments and other documents affecting title may be submitted to the Office via facsimile (fax). This process allows for direct submission into the automated Patent and Trademark Assignment System.

However, there are specific requirements and limitations:

• Documents must include an identified application or patent number, one cover sheet for a single transaction, and payment of the recordation fee.
• Certain documents cannot be submitted via fax, such as assignments submitted with new patent applications or documents with multiple cover sheets.

For the most up-to-date fax number, refer to the USPTO website or MPEP § 1730.

To learn more:

• patent assignment
• facsimile submission
• USPTO
• document recordation

The USPTO records documents other than assignments for several important reasons:

1. Public interest: To provide notification to third parties of equitable interests or other matters relevant to patent ownership.
2. Transparency: To maintain a clear record of various interests in patents and patent applications.
3. Legal compliance: To fulfill the requirements of 35 U.S.C. 261 and 37 CFR 3.11.

The MPEP states, “Such documents are recorded in the public interest in order to give third parties notification of equitable interests or other matters relevant to the ownership of a patent or application.” (MPEP 313)

If the USPTO returns a document unrecorded and you believe it represents an unusual case that justifies recordation, you have the option to petition for its recordation. The MPEP provides the following guidance:

“Any document returned unrecorded, which the sender nevertheless believes represents an unusual case which justifies recordation, may be submitted to the Office of Petitions with a petition under 37 CFR 1.181 requesting recordation of the document.” (MPEP 313)

To petition:

1. Submit the document to the Office of Petitions
2. Include a petition under 37 CFR 1.181
3. Provide justification for why the document should be recorded

No, the USPTO does not determine the legal effect of recorded documents on patent ownership at the time of recordation. The MPEP clearly states:

“The recordation of a document is not a determination of the effect of the document on the chain of title. The determination of what, if any, effect a document has on title will be made by the Office at such times as ownership must be established to permit action to be taken by the purported assignee in connection with a patent or an application.” (MPEP 313)

This means:

• Recordation is primarily for public notice
• The USPTO will evaluate ownership when necessary for specific actions
• Parties should not assume recordation equates to USPTO approval of ownership claims

Yes, you can submit assignments and other documents affecting title to the USPTO via fax. The MPEP states: Assignments and other documents affecting title may be submitted to the Office via facsimile (fax). This process allows for direct submission into the automated Patent and Trademark Assignment System.

However, there are specific requirements and limitations:

• Documents must include an identified application or patent number, one cover sheet for a single transaction, and payment of the recordation fee.
• Certain documents cannot be submitted via fax, such as assignments submitted with new patent applications or documents with multiple cover sheets.

For the most up-to-date fax number, refer to the USPTO website or MPEP § 1730.

To learn more:

• patent assignment
• facsimile submission
• USPTO
• document recordation

The USPTO records documents other than assignments for several important reasons:

1. Public interest: To provide notification to third parties of equitable interests or other matters relevant to patent ownership.
2. Transparency: To maintain a clear record of various interests in patents and patent applications.
3. Legal compliance: To fulfill the requirements of 35 U.S.C. 261 and 37 CFR 3.11.

The MPEP states, “Such documents are recorded in the public interest in order to give third parties notification of equitable interests or other matters relevant to the ownership of a patent or application.” (MPEP 313)

If the USPTO returns a document unrecorded and you believe it represents an unusual case that justifies recordation, you have the option to petition for its recordation. The MPEP provides the following guidance:

“Any document returned unrecorded, which the sender nevertheless believes represents an unusual case which justifies recordation, may be submitted to the Office of Petitions with a petition under 37 CFR 1.181 requesting recordation of the document.” (MPEP 313)

To petition:

1. Submit the document to the Office of Petitions
2. Include a petition under 37 CFR 1.181
3. Provide justification for why the document should be recorded

No, the USPTO does not determine the legal effect of recorded documents on patent ownership at the time of recordation. The MPEP clearly states:

“The recordation of a document is not a determination of the effect of the document on the chain of title. The determination of what, if any, effect a document has on title will be made by the Office at such times as ownership must be established to permit action to be taken by the purported assignee in connection with a patent or an application.” (MPEP 313)

This means:

• Recordation is primarily for public notice
• The USPTO will evaluate ownership when necessary for specific actions
• Parties should not assume recordation equates to USPTO approval of ownership claims

Yes, you can submit assignments and other documents affecting title to the USPTO via fax. The MPEP states: Assignments and other documents affecting title may be submitted to the Office via facsimile (fax). This process allows for direct submission into the automated Patent and Trademark Assignment System.

However, there are specific requirements and limitations:

• Documents must include an identified application or patent number, one cover sheet for a single transaction, and payment of the recordation fee.
• Certain documents cannot be submitted via fax, such as assignments submitted with new patent applications or documents with multiple cover sheets.

For the most up-to-date fax number, refer to the USPTO website or MPEP § 1730.

To learn more:

• patent assignment
• facsimile submission
• USPTO
• document recordation