Patent Law FAQ

Recording a patent assignment with the USPTO has specific legal effects. The MPEP states:

‘Recordation of the assignment provides legal notice to the public of the assignment.’

However, it’s important to note that:

‘It should be noted that recording of the assignment is merely a ministerial act; it is not an Office determination of the validity of the assignment document or the effect of the assignment document on the ownership of the patent property.’

This means that while recordation provides public notice, it does not guarantee the validity or enforceability of the assignment. The MPEP cites 37 CFR 3.54 and Realvirt, LLC v. Lee, 195 F.Supp.3d 847, 862-3 (E.D. Va. 2016) for this principle.